President Donald Trump’s sweeping tariffs on Mexico, Canada and China may be illegal under the Constitution. But blocking the tariffs in court is likely to be difficult — and time-consuming.
Trump announced Saturday he was levying 25 percent tariffs on goods from Mexico and Canada and a 10 percent tariff on goods from China, under the International Emergency Economic Powers Act, a little-known law passed nearly 50 years ago. It’s the first time a president has ever used the law to impose tariffs, although the measure has repeatedly been used by past administrations to enact sanctions.
Trump’s novel use of the law, however, is likely to spark legal battles that will test the limits of a president’s executive power.
The International Emergency Economic Powers Act, passed in 1977, grants the president broad authority over economic transactions, and a wide range of abilities to deal with “any unusual and extraordinary threat,” stemming in whole or in part from foreign sources.