
qinbafrank|May 29, 2025 00:44
It is good news that the US International Trade Court has called for the suspension of the Trump Liberation Day trade policy, but whether it can finally be implemented depends on:
1. The US International Trade Court has ruled that President Trump's unilateral imposition of the "Liberation Day tariffs" on global goods under the International Emergency Economic Powers Act (IEEPA) is invalid, essentially considering the use of international emergency economic powers as an abuse and overstepping of authority, completely bypassing Congress.
2. The rulings of the America Court of International Trade have legal effect. This court is part of the United States federal court system, specializing in handling cases related to international trade and tariffs, and its rulings are binding on relevant administrative actions.
3. The Trump administration can appeal to the America. Court of Appeals for the Federal Circuit. If appealed, the execution of the ruling may be temporarily suspended, depending on whether the appellate court issues a stay order. Until the ruling is overturned or modified, the Trump administration cannot continue implementing the suspended tariff policy, otherwise it will face further legal challenges.
4. This ruling is based on Article 1, Section 8 of the United States Constitution, which explicitly grants Congress, not the President, the power to formulate tariffs and trade policies, and serves as the legal basis for this ruling.
But the controversy lies in the fact that Congress delegated most of its powers to the executive branch in the 1962 Trade Expansion Act, which allowed for adjustments to tariff rates without congressional approval.
The International Emergency Economic Powers Act, passed in the 1970s, authorized the President of the United States to regulate international economic transactions in response to "unconventional and extraordinary threats" based on national security, foreign policy, or economic interests after declaring a state of emergency. (This time, the International Trade Court is targeting the scope of the International Emergency Economic Powers Act.)
These two bills grant the executive branch extensive trade negotiation powers, but this situation has not changed to this day. So Trump still has room for game.
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