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We the People

Do the Trump Tariffs Violate the Constitution?

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 11 April 2025

⏱️ 57 minutes

🧾️ Download transcript

Summary

Steven Calabresi of Northwestern University and Samuel Estreicher of New York University join Jeffrey Rosen to discuss the statutory authority for President Trump’s tariffs and whether they violate federal law or the Constitution. Resources Samuel Estreicher & Andrew Babbitt, “Are Tariffs an Emergency Power?,” Lawfare Blog (April 3, 2025)  Steven Calabresi, “President Trump's New Tariffs Are Unconstitutional,” Volokh Conspiracy (April 5, 2025)  Complaint for Injunctive and Declaratory Relief, Emily Ley Paper v. Trump, 3:25-cv-00464 (N.D. Fla., April 3, 2025) Stay Connected and Learn More Questions or comments about the show? Email us at [email protected] Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Transcript

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0:00.0

In March, the President imposed sweeping tariffs on Mexico, Canada, and China.

0:05.1

And at the beginning of April, he imposed and then mostly reversed across-the-board tariffs on all foreign countries.

0:12.0

The tariffs against China, which remain in place, are now being challenged in federal court.

0:20.0

Hello, friends. I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We the People, a weekly show of constitutional debate.

0:29.1

The National Constitution Center is a nonpartisan nonprofit, chartered by Congress, to increase awareness and understanding of the Constitution among the American people.

0:38.4

This week, I am honored to welcome two thoughtful legal scholars to explore whether or not the tariffs are lawful.

0:48.8

Stephen Calabresi is the Clayton J. and Henry R. Barber, Professor of Law at Northwestern Pritzker School of Law.

0:55.4

He is co-founder of the Federalist Society and author of the great new book, The Meese Revolution,

1:01.1

which we recently discussed on We the People. Steve, it's wonderful to welcome you back.

1:05.6

Thank you. It's wonderful to be back.

1:08.3

And Samuel Estreiker is the Dwight D. Opperman, professor of public law at New York University School of Law.

1:14.6

He's the director of NYU's Center for Labor and Employment Law, and NYU's Institute of Judicial Administration.

1:21.6

He's the author of two dozen books, including Beyond Elite Law, Access to Civil Justice in America.

1:29.6

Samuel, it's wonderful to welcome you to We the People. Great to be here. Thank you very much. Let's begin with the case that was

1:36.3

filed in Florida. It's Emily Lee Paper versus Trump, and it challenges the tariffs that were imposed by executive order on March 3rd.

1:46.5

They covered three trading partners, China, Canada, and Mexico.

1:51.6

The lawsuit focuses on tariffs against China.

1:56.1

It raises four claims that we'll discuss in detail, including that the China tariffs are not

2:04.5

authorized by statute, that they violate the major questions doctrine, that they violate the

2:12.9

non-delegation doctrine, and that they violate the Administrative Procedure Act.

2:17.9

We're going to take up all of those claims, but I'd like to begin Steve Calabrese

2:21.5

by asking you to sum up for we the people listeners, why you believe that the tariffs are

...

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