Post #60094 by marco100 on the US Policy board

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I think there is a good chance Trump will win because of the vague way the 1977 statute defines/does not define "national emergency."

The core issue is that in the statute, Congress expressly gives the President exclusive authority to declare what is a "national emergency" for purposes of exercising his emergency powers, including tariffs.

The court may try to sidestep the whole thing by declaring it a "political question"--strictly between Congress and the President as to what a "national emergency" is, and Congress has the ability to change the statute if it wants to and doesn't like the President's interpretation of it.

Congress hasn't changed the statute.

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