Tariffs have been shaping American policy since 1792, but the legal framework behind them is anything but settled. This week, Elisa is joined by Professor Kathleen Claussen of Georgetown Law to unpack the constitutional authority for imposing tariffs, how presidents have used emergency powers to reshape trade policy, and why legal challenges continue to surface. From historical precedent to national security declarations, they explore the shifting landscape of trade law—and what young lawyers should know before stepping into the field.

Kathleen Claussen is a professor of international and economic law at Georgetown University School of Law.

References:

Taussig, F. W. The Tariff History of the United States. Nabu Press, 1914.

"Alexander Hamilton’s Final Version of the Report on the Subject of Manufactures, [5 December 1791],” Founders Online, National Archives

U.S. Constitution, Article I Section 8

Section 301, The Trade Act of 1974

Section 232, The Trade Expansion Act of 1962

The International Emergency Economic Powers Act (IEEPA)

The Trading with the Enemy Act