If one thing is more challenging to the rule of law than a genuine emergency, it is the invention of a phoney one. Since returning to the White House in January, President Donald Trump has upended global trade and international relations, wiping billions off the stock market in the process, by imposing tariffs that he claims are a necessary response to an emergency. Yet that emergency does not really exist, except in the manner that Mr Trump himself has created it.
The president claimed, on 2 April, that a lack of reciprocity in US overseas trade arrangements was “an unusual and extraordinary threat to the national security and economy of the United States”. He claimed that this justified him in declaring an emergency and governing by executive decree under the 1977 International Emergency Economic Powers Act (IEEPA). Congress, which normally has the responsibility to decide US trade policy, was thus wholly ignored. Statutory consultative arrangements, traditionally an essential preliminary, went out of the window too. Mr Trump was effectively exercising an executive power grab.
