Brian Kelsey
speaker
31 appearances
1 recordings
1 series
first heard Nov 2025
last heard 6 Nov
Brian Kelsey’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Nov 2025 with 1.
Appearances
The International Emergency Economic Powers Act, or IEPA, as it's referred to,
gives the powers to the president to do a lot of different things as long as he declares an emergency.
And no one is really questioning the emergencies he's declared.
The only issue that they're questioning is, well, does the statute give the power to issue a tariff among its other powers?
This statute uses lots of words, and those words are very broad words, and they give sweeping powers to the president, including
the powers to nullify, void, prevent, or prohibit goods from coming into the country as long as the president has issued an emergency.
And in that instance, there's another phrase that's included that says that the president has the power to regulate importation.
And this case really comes down to what does that phrase mean, to regulate importation?
If to regulate importation means to issue a tariff, then the president wins.
And if it doesn't, then the president loses.
The non-delegation doctrine just says that certain powers that are given to Congress under the Constitution, like the power to tax, are given exclusively to Congress, and it can't delegate or give that power away to other parties, including the president.
But I think that the Trump administration was very strong in pushing back that the power to tariff in this instance is not exactly like a power to tax.
It's much more so the power to
regulate imports altogether.
And that was the point that we also made in our amicus brief from America First Policy Institute.
And I don't see that the non-delegation doctrine will necessarily pick up a lot of support from other justices, but we'll see.
The Trump administration's arguments are, number one, that this law, IEPA, gives the president the power to issue tariffs because it encompasses a whole host of powers, including the power to flat out prohibit goods from coming into the country altogether.
And also, they're arguing that it's really – it's a red herring to look for the word tax altogether.
in the middle of this law because the tariff is not exactly the same thing as a tax.
And in fact, in this case, President Trump has been very clear that he's issuing these tariffs so that he can get better deals from other countries and not just so that he can only get the tax revenue that happens to come along with them.
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