For one, as the states identified, any action under the IEEPA must be tailored to “deal with an unusual and extraordinary threat,” and, “[t]he nearly worldwide 10 percent tariff level is wholly unconnected to the stated basis of the emergency declaration: it applies without regard to any country’s trade practices or purported threat to domestic industries.”Second, there is a constitutional limit on Congress’s authority to delegate Article I powers to the president, known as the “nondelegation doctrine.” While in theory this could be robust, it has generally been nerfed by the obsequious Supreme Court’s past.
It grants the president the power to respond to declared emergencies in response to “unusual and extraordinary threat[s]” (the president also has the power to declare emergencies, but that comes from the National Emergencies Act, a different law) by “investigat[ing], regulat[ing], or prohibit[ing] any transactions in foreign exchange.” Related: Trump’s WLFI crypto investments aren’t paying offDespite this novel application, the Trump administration has seized on the law because, unlike all other tariff statutes, it permits the president to act through executive order alone.
To do so, Trump declared a “national emergency posed by the large and persistent trade deficit that is driven by the absence of reciprocity in our trade relationships and other harmful policies like currency manipulation and exorbitant value-added taxes (VAT) perpetuated by other countries.”This was the first time a president had attempted to use the law in this way, and many legal scholars believe it is illegal.
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Author / Journalist: Cointelegraph by Aaron Brogan
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