Trump Says He Wants Global Tariffs, but Could He Actually Do It?

Donald Trump’s constant discussion of tariffs has generated a trove of commentary on their (generally bad) economic and geopolitical implications, including here at Capitolism. Far less discussed, however, is whether a future President Trump—or any other White House occupant with a similar affinity for 19th-century U.S. trade policy—actually could implement a global tariff wall without any input or approval from Congress or any significant pushback from federal courts. 

Trump, for his part, confidently claimed last month he has the legal authority to apply the tariffs without congressional consent, and his advisers are reportedly scouring the law books to justify any such actions. However, several educated observers—maybe even more educated than Trump!—have confidently disagreed with his legal analysis. In their view, it’s one thing to unilaterally apply global steel or aluminum tariffs, tariffs on half of all Chinese imports, or other security-related sanctions, but belching out tariffs on everything from everywhere is a totally different animal. And, given U.S. tariff laws’ text and intent, they’re sure that federal courts and Congress would finally put their collective foot down if Trump were to try to fulfill his promises next year.