IEEPA was easier, and honestly, I think the Supreme Court erred in its analysis (I wrote a good bit about that at the time). It is my sense that Trump's team explicitly wanted to test that IEEPA thesis in court, knowing they had (less flexible but equally potent) backups.
Wouldn’t it be interesting if we found out that Trump deliberately started with the emergency legislation for the purpose of getting the SCOTUS affirmation of tariffs that he did? It would make heads explode.
Thank You. As I have said here and other places "I'm Just Not That Bright." This helps me understand the whole Tariff thing.
👏👏👏 Thank you to Alexander Muse for an excellent, comprehensive and thorough article! Thank you to Dr. Martin for republishing it!
America 250 Book Club 🇺🇸🫡❤️🤍💙🎆🎇📖📚 This Edition: Colonial America
• The First Frontier: The Forgotten History of Struggle, Savagery, and Endurance in Early America by Scott Weidensaul
• Savage Kingdom: The True Story of Jamestown, 1607, and the Settlement of America by Benjamin Woolley
• Mayflower: Voyage, Community, War by Nathaniel Philbrick
• American Colonies: The Settling of North America, Vol. 1 by Alan Taylor
• First Generations: Women in Colonial America by Carol Berkin
• Crucible of War: The Seven Years' War and the Fate of Empire in British North America, 1754-1766 by Fred Anderson
• Braddock's Defeat: The Battle of the Monongahela and the Road to Revolution by David L. Preston
• A Delusion Of Satan: The Full Story Of The Salem Witch Trials by Frances Hill
• Roanoke: Solving the Mystery of the Lost Colony by Lee Miller
• The Island at the Center of the World: The Epic Story of Dutch Manhattan and the Forgotten Colony That Shaped America by Russell Shorto
• Taking Manhattan: The Extraordinary Events That Created New York and Shaped America by Russell Shorto
• Changes in the Land: Indians, Colonists, and the Ecology of New England by William Cronon
• A Great and Noble Scheme: The Tragic Story of the Expulsion of the French Acadians from Their American Homeland by John Mack Faragher
• King Philip's War: The History and Legacy of America's Forgotten Conflict by Eric Shultz & Michael J. Tougias
• Plymouth Colony: Its History & People, 1620-1691 by Eugene Aubrey Stratton
• Jews and Gentiles in Early America: 1654-1800 by William Pencak
• New Israel / New England: Jews and Puritans in Early America by Michael Hoberman
• Blacks in Colonial America by Oscar Reiss
• King William's War: The First Contest for North America, 1689–1697 by Michael G. Laramie
• Queen Anne's War: The Second Contest for North America, 1702–1713 by Michael G. Laramie
• King George's War and the Thirty Year Peace: The Third Contest for North America by Michael G. Laramie
I like your analysis a lot. But how come Trump’s advisors didn’t recommend Section 338 in the first place?
IEEPA was easier, and honestly, I think the Supreme Court erred in its analysis (I wrote a good bit about that at the time). It is my sense that Trump's team explicitly wanted to test that IEEPA thesis in court, knowing they had (less flexible but equally potent) backups.
Wouldn’t it be interesting if we found out that Trump deliberately started with the emergency legislation for the purpose of getting the SCOTUS affirmation of tariffs that he did? It would make heads explode.