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June 5, 2025 35 mins

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In this episode of Discourse, host Wayne Unger delves into the recent ruling by the United States Court of International Trade, which declared that former President Trump did not have the legal authority to impose broad, global tariffs under the International Economic Emergency Powers Act (IEEPA). Unger explains the court's role, the statutory limitations of presidential power, and the constitutional separation of powers that grants Congress the exclusive authority to impose taxes, including tariffs. He also discusses the broader implications of the ruling, potential appeals, and the reactions from Trump and his supporters. The episode provides a thorough analysis of the legal frameworks involved, including the Trading with the Enemy Act (TWEA) and the National Emergencies Act (NEA). Unger emphasizes the importance of judicial review in maintaining the balance of power within the U.S. government.

00:00 Introduction and Podcast Overview
00:33 Episode Introduction and Current Events
01:29 Understanding the Court of International Trade
03:27 Historical Context and Legal Framework
09:25 Court Ruling and Its Implications
20:27 Major Questions Doctrine and Separation of Powers
27:32 Trump's Response and Political Reactions
34:34 Conclusion and Final Thoughts

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