Donald Trump just blew it again
“President” Donald Trump made a statement yesterday that United States companies should look for an alternative to doing business with China. Trump then asserted last night that he can force the issue with companies and mandate that they stop. Trump cited an act that has never been tested in such a way, the Emergency Economic Powers Act of 1977.
His tweet said: “For all of the Fake News Reporters that don’t have a clue as to what the law is relative to Presidential powers, China, etc., try looking at the Emergency Economic Powers Act of 1977. Case closed!”
Trump will try, we know that is the reality. What he likely is referring to is the International Emergency Economic Powers Act, which provides in part authorization to the president to declare the existence of an “unusual and extraordinary threat… to the national security, foreign policy, or economy of the United States” that originates “in whole or substantial part outside the United States.”
It was actually designed to limit the president’s actions and specify how the emergencies might be declared. The first problem for Trump is that the “unusual and extraordinary threat” must originate “in whole or substantial part outside the United States.” A self-imposed battle by Trump with China over tariffs does not fit nicely into the IEEPA structure.
Trump has asserted his powers previously under the IEEPA. Back in May, he asserted his powers under the IEEPA to impose tariffs on Mexico due to its failure to prevent migrants from entering the United States. Like many things, Trump has no rational basis and no understanding of how things work. Last we checked, Trump does not have the “absolute right to do that” or much of anything else. He is a president, not a dictator. And if he does take this step, one wonders if his products and his daughter’s products made in China will be exempted.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.