Better Lawyers, Worse Economics: Inside Trump's Latest Tariff Strategy | Diving In

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Platypus Economics with Justin Wolfers 20 min 9 speakers 6 chapters transcribed 2 months ago
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What is the main topic discussed in this episode?

Brendan Boyle 0:00
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Ryan Weiss 0:20
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Justin Wolfers 0:49
Trade policy has turned into one of those horror movie zombies. You think it's dead, it sits up, it comes back uglier. You kill it again and it keeps on coming back. So let me help you make sense of what's happened, where we are and where we might be going.
Justin Wolfers 1:14
First, I want to take a look at the legal battles so far. To say the least, it's been chaotic. Next, I'll explain what the different types of tariffs are that the president keeps fiddling with and how different types of tariffs shape the economy in different ways. Then we're going to dive into the latest chapter of this zombie thriller, the administration's latest tariff plan. It hasn't gotten much play in the press, but But it's still one of the year's most important economic stories. And it's quite odd. Finally, we'll analyze what this plan means. The president, I think he's finally figured out a way to implement tariffs that's legal. But the cost is, this is his dumbest plan yet. Let's start with the chaotic legal battle and the constitutional point.
Justin Wolfers 2:05
The Constitution, it gives the tariff power to Congress. Tariffs are taxes, and under America's founding rules, taxes are supposed to come from the branch that makes the laws, Congress. Now, in the past, Congress has handed the presidency some narrow tariff powers for specific situations. And that makes sense. If there's a sudden national security problem or an emergency or some unfair trade issue that quickly arises, you want the White House to be able to respond quickly. But what Congress did is it gave the White House limited power and limited tools for very specific circumstances. Trump didn't quite listen to that part, and he decided those powers were broad enough that they gave him permission to launch a global trade war entirely on his own without even talking to Congress.
Justin Wolfers 2:53
Now, the courts so far have said, not so fast. But we're now in the third round of this fight, and that might be about to change. So let's start with round one, which was the broad emergency-style tariff powers. that's the power that underwrote the tariffs that the president announced with enormous fanfare on so-called Liberation Day. He had different rates for different countries on big poster boards using bizarre calculations based on their trade balance with the United States. He had a specific rate for the penguins. He announced that and 10 months later, a mere 10 months later, the Supreme Court had a look and decided that all of it was illegal from the very start. The president was relying on the Emergency Powers Act.
Justin Wolfers 3:38
Now, those tariffs, they were illegal from the start. The government now is in the process of having to refund almost all of the money that it collected this way. All that uncertainty, and we've got nothing to show for it. Okay, on to round two.

What legal fights preceded the current tariff plan and how did the courts respond?

Justin Wolfers 3:52
After losing that case, the very next day, the president quickly replaced those tariffs with a temporary worldwide tariff of 10%. In fact, the next day he announced 15% and then everyone just ignored him. That 10% temporary tariff came under a different law. It was a law meant for a pretty narrow international payments problem. It was meant to address the sort of balance of payments crisis that could occur only if the United States had a fixed exchange rate, which we don't.

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