Source: The Volokh Conspiracy
by Ilya Somin
“If complete abolition of discretionary tariffs is impossible, Congress could at least reform any remaining delegations of tariff authority to 1) confine them to a narrow set of circumstances, and 2) eliminate judicial deference to executive determinations that the required circumstances actually exist. Make the government bear the burden of proof. Even if all this were done, a malicious, ignorant, or stupid president could still try to impose illegal tariffs. But businesses and trading partners could confident that his efforts would have no legal effect, and would be swiftly invalidated by courts.” (07/26/26)