Peter Earle remembers the late Victor Niederhoffer.
President Donald Trump recently used Section 301 of the Trade Act of 1974 to impose massive new tariffs on 60 U.S. trading partners, including the European Union, Canada, Australia, Japan, South Korea, and more. Imports from 41 trading partners will now face 12.5 percent tariffs, and the others will be subject to 10 percent levies.
In February, the Supreme Court invalidated Trump’s International Emergency Economic Powers Act of 1977 (IEEPA) tariffs, which imposed tariffs of 10 percent or more on almost all U.S. trading partners. The imposition of the import duties left us with the highest tariff rates since those that severely exacerbated the Great Depression and would have resulted in some $1.4 trillion in new taxes for Americans over the next decade. In a case I helped develop and litigate, the court’s 6-3 decision held that IEEPA does not authorize tariffs and that the president could not legally claim unlimited tariff authority. With the new Section 301 tariffs, Trump seeks to circumvent the Learning Resources v. Trump decision and once again enact a broad trade war without congressional authorization.
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It is important that the courts continue to hold the line by striking down presidential tariff power grabs. And it is also desirable that they do so quickly. Judges can reduce the damage caused by illegal tariffs if they refuse to stay initial rulings blocking them.
The Federal Circuit’s stay of the initial ruling against the IEEPA tariffs enabled the Trump administration to collect some $166 billion in illegal tariff payments, greatly increasing the harm caused by the policy. Much of the harm caused by illegal tariffs—including lost sales, investment opportunities, and higher prices paid by consumers—cannot be fixed by giving tariff refunds later. Neither can the damage to the U.S. economy. And, as the IEEPA experience shows, even the refunds themselves are not a given. Billions remained unpaid five months after the Supreme Court’s decision, and the Trump administration is trying to avoid refunding some of the money.
In the long run, Congress should act to curb presidential tariff authority, ideally by eliminating or severely restricting all statutes that grant it. Enacting Democratic Sen. Ron Wyden’s proposed legislation to the latter effect would be a good start. Unless and until Congress acts, strong judicial review must continue to be a vital line of defense against illegal and economically destructive taxation imposed by the president.
The anxiety over prices is driving people to embrace socialist ideas like Mayor Zohran Mamdani’s $70 million city-owned supermarket chain.
And it’s the reason why many right-wing economic populists are pestering President Trump to stop fighting Iran so he can “focus” on lowering food prices.
Sorry, but they’re all wrong: We’re not living through an unprecedented food crisis.
In 1901, the average American family spent 42% of its disposable budget on food, according to the US Bureau of Labor Statistics.
In 1945 it was 23%. In 1965 it was 15%. In 1985 it was around 12%.
Today, per Agriculture Department calculations, it’s 9.7%.
That number is driven by a historically high rate of dining out and having food delivered.
If we remove eating out from the equation and measure only grocery and supermarket shopping, the average family spends just 7.9% of its budget on food — and a discriminating shopper can probably do better.
None of this is even to mention that modern consumers have access to an amazing array of products and delicacies from around the globe that would have blown the minds of previous generations.
The American diet is the most diverse in the world, incorporating a wide variety of cuisines and year-round availability of products that were once seasonal.
Because of highly efficient global supply chains, a person can go to any big-box store in the nation and buy affordable produce from Central America, or beverages from Asia, or salmon from Scandinavia or curry from India.
Even with all this, Americans spend far less of their income on food than any people in any other nation on Earth, the USDA has found.
In 2025, as in 2018, many of the tariffs that President Trump imposed appealed to “national security.” The Section 232 tariffs on steel, aluminum, and copper, for example, were justified along these grounds. Production of these materials is so important, the logic goes, that we should willingly overpay to promote domestic production, in support of America’s army and fleet.
To be clear, domestic production is one way to ensure that America has a ready supply of these materials. By the same logic, every family could ensure a ready supply of food if they grew their own vegetables and raised their own livestock. What matters is not protecting domestic production, but making sure that domestic access continues unabated in times of war.
Let’s take steel as an example. The question we should ask is “how dependent on foreign steel are we, really?” The American Iron and Steel Institute reports that only 23 percent of finished steel in the US was imported; the remaining 77 percent was produced domestically. The Association for Iron & Steel Technology finds that the US is currently the third-largest steel producer in the world, behind only China and India. And the US International Trade Administration reports that the US imports steel from, in order of most-to-least: Canada, Brazil, Mexico, Korea, Germany, Taiwan, Japan, Vietnam, India, Turkey, and 68 other countries. In other words, if Canada decided to stop selling steel to the US, we would still have 78 other countries, each with plenty of steel firms within them, from whom to buy this critical material.
Still, national security is a legitimate concern and promoting it is perhaps among the most legitimate functions a government can perform. To that end, free trade and globalization have done far more to promote a safer nation than any protectionist policy. A report from the Center for Strategic & International Studies evidences that increased trade between nations reduces the likelihood of war in the first place. Globalization, likewise, ensures a robust and diverse web of potential suppliers such that if war were to break out, access to critical materials would continue largely unabated.
About 99.9 percent of Americans would be startled, or bemused, or both, to learn that they are living during 53 national “emergencies.” (The count is from the Brennan Center for Justice at New York University School of Law.) These have been declared by presidents whose powers are enhanced by invoking the National Emergencies Act of 1976.
Some of these declared emergencies have become long in the tooth: Six were declared in the previous century. In a recent hilarity, the current president said his tariffs respond to the “emergency” of a national trade deficit. This continuous 50-year fact — a.k.a. something normal — has coincided with soaring national prosperity, but is an “emergency.” Go figure.
Thank goodness for this: “Airlines push back against ICE enforcement at airports.”
When the National Academies of Sciences, Engineering and Medicine speak, Americans assume they are hearing from thousands of the country’s most accomplished researchers. That isn’t always true.
The academies released a report on July 16 asserting that specific extreme weather events can be tied to greenhouse gas emissions. Media coverage treated the report as the collective judgment of more than 8,400 members—each elected for a lifetime of distinguished achievement. The report itself reinforces that impression, declaring that it “represents the position of the National Academies.”
But look who actually wrote it. Of the 14 report authors, only one is a National Academies member. Of the 14 reviewers, only one is a member. Only one of the two people overseeing the review process is a member. The report states that reviewers “were not asked to endorse the conclusions or recommendations . . . nor did they see the final draft before its release.” There is no indication that more than a few academies members even saw the report before it was released.
The National Academies’ institutional seal is being used to bless the conclusions of a small committee, not the thousands of researchers whose prestige gives that seal its weight.
That isn’t a fluke. It is how the system works, as I know from six years as chairman of an academies oversight committee. The National Academies are really four entities under a single brand. Three of these are the honorific academies, with elected membership earned, permanent and under no obligation to produce reports. The fourth is the National Research Council, a staff-run operation that solicits studies, recruits committees and produces reports. Academies members oversee the process at a high level, but day-to-day decisions are made by nonmember staff and outside experts.


[I]n a liberal democracy, the law must seek primarily to regulate human affairs by a system of individual rights and duties rather than by administrative commands from the ruling officialdom…. I have called this the reciprocal method of social control as distinguished from the overhead method of regulating human relations. In broad terms we may then say that liberalism seeks to govern primarily by applying and perfecting reciprocal obligations, whereas authoritarianism governs primarily by the handing down of decrees. The liberal system seeks to define what one man may expect from all other men, including the officials of the state, and to guarantee that expectation. The authoritarian system permits the official to declare what he wishes other men to do and to enforce his will.
America’s emphasis should thus be upon developing new technologies – whether military, dual-use, or civilian. Constant innovation is critical for maintaining and extending America’s military technological edge. To facilitate that growth, policymakers should consider what economic conditions are most likely to generate and incentivize such developments. As observed, we have good reason to believe that an economy characterized by liberty, entrepreneurship, competition, and dynamic trade, within the United States and between America and the rest of the world, is far more proficient at delivering this type of innovation consistently. Economic nationalist policies conversely are unlikely to do so.
Freedom for themselves, restrictions for others, such was the essence of the usual program of legislation of the mercantilist tracts of mercantilist authorship.
But strange as it may seem, the best established scientific conclusions, the experience of all ages and nations, and their own progress, failed to convince the legislators of America of the expediency of pursuing that liberal line of policy, from the adoption of which they had already reaped so many advantages. Not satisfied with the progress they had already made, with the enjoyment of free and liberal institutions, and a boundless extent of fertile and unoccupied land, they resolved to call custom-house regulations to their aid! Mistaking the effusions of a few miserable pamphleteers, and the speeches of the Newcastles and Kenyons of the day, for the wisdom of the British nation, they persuaded themselves that those very restrictions which had clogged and impeded our progress, had been the main causes of our advancement. Instead of dwelling on the advantages of free competition, their statesmen deemed it productive only of poverty and ruin…. Selfishness, patriotism, and ignorance, each lent its aid to the introduction of what has been pompously designated by its more ardent supporters, as the ‘American System.’
