PLAY PODCASTS
Can the President Declare a Trade ‘Emergency’? On the Supreme Court’s Tariff Case
Season 1 · Episode 8

Can the President Declare a Trade ‘Emergency’? On the Supreme Court’s Tariff Case

Richard Epstein delves into one of the most consequential Constitutional questions of our time: can the president unilaterally impose tariffs under emergency powers? With the Supreme Court set to review Donald Trump’s use of the International...

The Libertarian

October 31, 202527m 42s

Audio is streamed directly from the publisher (api.spreaker.com) as published in their RSS feed. Play Podcasts does not host this file. Rights-holders can request removal through the copyright & takedown page.

Show Notes

Richard Epstein delves into one of the most consequential Constitutional questions of our time: can the president unilaterally impose tariffs under emergency powers? With the Supreme Court set to review Donald Trump’s use of the International Emergency Economic Powers Act (IEPA) to levy trade barriers, Epstein explains what the Constitution actually says about tariffs, how far Congress can delegate its authority, and why the doctrine of the “unitary executive” could reshape the balance between the legislative and executive branches. From Article I to Justice Taft’s 1928 tariff case, the discussion traces the fine line between lawful delegation and unconstitutional abdication—and what’s at stake for trade, separation of powers, and presidential authority.