International Law,
Government,
Constitutional Law,
Antitrust & Trade Reg.
Oct. 11, 2018
Would legal challenges to tariff policy have a chance?
Broadly based legal challenges are possible. The president’s power to conduct foreign affairs does not give the executive carte blanche authority on the matter.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
President Donald Trump has stepped up the use of tariffs against China in response to its economic policies. Two rounds of tariffs have been imposed, and China has responded with economic counter measures. Trump is now threatening to increase tariffs that could impact nearly all imports from China. The president's strategy is to maximize leverage in trade negotiations with China.
One of the core functions of the World Trade Organiza...
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