Yes, Trump Could Impose Tariffs Without Congress: Noah Feldman

President-elect Donald Trump reportedly is considering declaring a national economic emergency to give him legal cover to impose tariffs. Wait, you say. There is no national economic emergency. Surely, Trump would be breaking the law if he declared a nonexistent emergency to give himself more power.

If only it were so simple. Under the International Economic Emergency Powers Act (IEEPA), the president not only has the power to take certain actions when a national economic emergency exists but also the authority to declare such an emergency. Yes, you read that right. The person who decides when the president may deploy ...