Congress cleared way for Trump's tariffs; in 1977

By Noah Feldman / Bloomberg Opinion

President-elect Donald Trump reportedly is considering declaring a national economic emergency to give him legal cover to impose tariffs. Wait, you say. There is no national economic emergency. Surely, Trump would be breaking the law if he declared a nonexistent emergency to give himself more power.

If only it were so simple. Under the International Economic Emergency Powers Act (IEEPA), the president not only has the power to take certain actions when a national economic emergency exists but also the authority to declare such an emergency. Yes, you read that right. The person who decides when the president may deploy the IEEPA’s emergency powers is the president.

If you want to blame someone for this preposterous situation, blame Congress, which enacted the law in 1977.

Since the law was passed, presidents have declared at least 67 emergencies. As of 2022, the last time the nonpartisan Congressional Research Service reported on the subject, 37 of those emergencies were still legally in force, and many have lasted as long as a decade. The first emergency declared under the law, which followed the taking of American hostages by Iranian revolutionaries in 1979, is still in effect.

https://www.heraldnet.com/opinion/comment-congress-cleared-way-for-trumps-tariffs-in-1977/