Society for the Rule of Law Webinar on "Tariffs and the Rule of Law"

I participated along with Andrew Morris of the New Civil Liberties Alliance.

President Donald Trump signed two executive orders on April 2 instituting tariffs on a wide range of countries. ( Andrew Leyden/ZUMAPRESS/Newscom)

 

Earlier today, I participated in a Society for the Rule of Law webinar on "Tariffs and the Rule of Law," along with Andrew Morris of the New Civil Liberties Alliance (a conservative public interest law group). We discussed the litigation challenging Trump's massive IEEPA tariffs against imports from almost every nation in the world (including the case filed by the Liberty Justice Center and myself on behalf of five small businesses), and also the broader implications of unconstrained executive tariff power for the rule of law.

The discussion also touched on the implications of unitary executive theory for these issues. As Andrew Morris and I explained, there is a lot of misunderstanding about what unitary executive theory does and does not entail.

Here is the video of the webinar:

Comments

[Alan Vanneman]

"there is a lot of misunderstanding about what unitary executive theory does and does not entail."

Anyone who reads Josh Blackman (or Chief Justice Roberts) knows that the "unitary executive theory" means that Donald Trump has the right to do anything he damn pleases. I admire Professor Somin greatly, but I think it's "funny" that he tries to pretend that constitutional "theory" actually governs judicial practice. In today's world, awash with the "new tribalism" in response to the stresses of globalism, the longing for a "boss", a "master", who will protect us, who will do what needs to be done, and due process be damned, is overwhelming the rule of law all around the globe. I like to believe that eventually we will calm down, but I can't believe that will happen any time soon. I "honestly" believe that our venerable Constitution has been so mangled by Trump and his pathetically obedient servants that it will have to be replaced. France has had five republics. I believe America's "First Republic" is on the point of collapse while the lineaments of the "Second" are still too faint to discern. I know you came to the U.S. expecting better, and as a native born I apologize. We should have done better.