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Trump's tariffs are unlawful: How the "nondelegation doctrine" limits Congress
Tracking the White House

Trump's tariffs are unlawful: How the "nondelegation doctrine" limits Congress

President Trump’s use of the International Emergency Economic Powers Act to implement worldwide tariffs is unlawful because Congress didn’t first set specific tariff parameters.

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Jul 07, 2025
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Trump's tariffs are unlawful: How the "nondelegation doctrine" limits Congress
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This guest post from Eric Bolinder, a professor of law at Liberty University, is based on his recent law review article on the constitutionality of President Trump’s tariffs. Before Liberty University, Eric was counsel at Cause of Action Institute, where he helped litigate Loper Bright, the case that overturned Chevron deference, and at Americans for Pr…

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