What Trump Can Teach Us About Con Law Smoot, Hawley, and Trump
26 snips
Sep 27, 2025 
Elizabeth Joh, a law professor, dives into fascinating constitutional issues surrounding tariffs and emergency powers. She ties the historical debate over Lady Chatterley's Lover to Trump's tariffs, revealing how past legislation like the Smoot-Hawley Act shaped current trade practices. The discussion includes the role of the Trading with the Enemy Act and the International Emergency Economic Powers Act. Joh also highlights significant court challenges to Trump's tariffs and the broader implications for presidential authority and separation of powers.
AI Snips
Chapters
Books
Transcript
Episode notes
Congress's Delegation Created Presidential Tools
- Congress has delegated limited tariff and emergency authority to presidents, notably via the Trading with the Enemy Act and later IEEPA.
- These delegations built a legal path for presidents to regulate imports during declared national emergencies.
IEEPA's Broad Emergency Language
- The International Emergency Economic Powers Act (IEEPA) lets a president address unusual foreign threats and regulate imports after declaring an emergency.
- The statute is vague about what counts as an emergency, and Congress rarely terminates such declarations.
Trump's Use Of IEEPA For Broad Tariffs
- Trump used IEEPA to issue sweeping tariffs: targeted "trafficking" tariffs and a worldwide reciprocal tariff of at least 10%.
- The administration frequently adjusted and suspended many of these tariffs, creating legal and practical confusion.
