How Trump’s Tariffs Threaten the Rule of Law
Much has been written (including by me) about how Trump’s massive new tariffs will severely damage the US economy, and why they are illegal for a variety of different reasons. But more attention should be paid to how they also threaten the rule of law.
The rule of law is a somewhat fuzzy concept that can mean different things to different people. It’s important not to confuse it with justice. But one standard component of it that a wide range of people should be able to agree on is that important legal rules should be clearly stated in advance, and not easily changeable at any one person’s whim. That is what differentiates the rule of law from “the rule of men.” In addition, they cannot be easily manipulated to reward the ruler’s allies and punish his political opponents.
Trump’s gargantuan trade war is an egregious violation of these principles. Under the administration’s interpretation of the International Emergency Economic Powers Act of 1977 (IEEPA), the president essentially has the power to impose any tariffs, in any amount, on any country, at any time. He can also create exemptions for any given firm, industry, or region of the country, as Trump has already done for various electronics imports.
IEEPA doesn’t actually authorize tariffs at all, and invoking it requires the existence “unusual and extraordinary threat” to the US economy or national security, with respect to which the president has declared a “national emergency.” But the administration claims the president has unreviewable authority to declare a national emergency whenever he wants, and that even bilateral trade deficits that have existed for decades (and are not actually harmful) constitute an “extraordinary and unusual threat.” If so, then virtually anything can qualify as such.
If the president can impose any tariffs he wants, at will, and also reve
Article from Reason.com
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