President Trump Isn’t a Tariff King

A sweeping trade court ruling puts the executive in his proper constitutional place

WSJ editorial. Excerpts:

"1977 International Emergency Economic Powers Act (IEEPA) to impose tariffs willy-nilly. That law gives the President broad authority in a national emergency to “deal with any unusual and extraordinary threat” including to “regulate” the “importation” of foreign property."

"After declaring fentanyl an emergency, the President in February slapped tariffs on Mexico, Canada and China. Then in April he deemed the U.S. trade deficit an emergency and imposed tariffs of varying rates on the world."

"No other President has used IEEPA to impose tariffs."

"Richard Nixon used the law’s precursor, the Trading With the Enemy Act, in 1971 to impose 10% tariffs for a short period to address a balance of payments problem. The Justice Department said Mr. Trump’s tariffs are no different."

"Nixon tariffs were upheld by an appeals court because they were a “limited surcharge” and “temporary measure calculated to help meet a particular national emergency, which is quite different from imposing whatever tariff rates he deems desirable.”"

"The legislative history surrounding IEEPA confirms that the words ‘regulate . . . importation’ have a narrower meaning than the power to impose any tariffs whatsoever"