In this episode of Passing Judgment, we delve into the legal complexities of President-Elect Trump's proposed tariffs. Jessica Levinson explores how power over foreign commerce has shifted from Congress to the President, highlighting key laws like the Reciprocal Trade Agreements Act of 1934 and the Trade Act of 1974. The episode also covers President Biden's controversial pardon of his son, Hunter Biden, examining the constitutional power of presidential pardons, historical precedents, and political implications.

Here are three key takeaways you don't want to miss:

1️⃣ Congressional Abdication of Trade Powers: Jessica Levinson points out that Congress has gradually ceded its constitutional authority to regulate foreign commerce to the executive branch over the past century.

2️⃣ Legal Hurdles for Trump's Proposed Tariffs: Despite President-elect Trump's promises to impose sweeping tariffs on countries like Mexico, Canada, and China, there are significant legal and procedural hurdles to clear. These include mandatory investigations by the Department of Commerce, and potential court challenges under doctrines like the major questions doctrine and nondelegation doctrine.

3️⃣ Presidential Pardons and Political Implications: The episode delves into President Biden's pardon of his son, Hunter Biden, explaining the broad and exclusive presidential power to grant pardons for federal crimes.

Resources Mentioned:

Jessica's MSNBC article

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