In February, President Trump issued executive orders raising tariffs on China, Canada and Mexico. In April, he slapped a 50 percent tariff on countries that the U.S. has a trade deficit with and a minimum 10 percent tariff on all others.

The administration claimed that the International Emergency Economic Powers Act of 1997 gives the president the authority to declare a national emergency and take immediate action to protect the country. Illicit trafficking in fentanyl along with threats to border security allegedly justified the tariffs imposed on China, Canada and Mexico.

America’s large trade deficit was the justification for the “Liberation Day” tariffs imposed on countries throughout the world.

Trump’s actions marked the first time the International Emergency Economic Powers Act has been used to increase tariffs.

Last month, a three-judge panel of the U.S. Court on International Trade (comprised of Reagan, Obama and Trump appointees) declared that Trump had overstepped his authority. The tariffs, the judges noted, were not relevant to reducing fentanyl trafficking or illegal immigration. And since the U.S. has had a trade deficit for each of the last 47 years, it is difficult to argue that it constitutes a national emergency. A few days later, an appeals court allowed the administration to continue to collect tariffs while litigation moves........

© The Hill