Really obscure laws and legal doctrines are being increasingly utilized by Trump to unleash a growing global trade war — especially for non-economic objectives. (The 1798 Alien Enemies Act, Reciprocal Tariffs from the late 1800’s, and the 1950’s States Secret’s Privilege.) More obscure and old, the easier they will be set aside by the federal courts. It’s as simple as that. (Of course, Congress’s exclusive authority over trade and the ‘non-delegation doctrine’ don’t help the administration.) The administration will spend millions of dollars on legal bills with nothing to show for it, but pure domestic and international chaos and inevitable self-destruction. The federal courts are now taking the lead in reestablishing some sense of law and order that have become the essence of the post-war era and former American leadership. (The Congress may not be far behind.) The recent Trump decision to quit or defund the WTO is the most egregious disregard of international law and the exceptionalism of post-war bipartisan U.S. foreign policy.

“The emergency powers Trump is invoking — based on provisions of the 1977 International Emergency Economic Powers Act — are intended for use in legitimate emergencies related to foreign threats and adversaries. This law is typically used to place sanctions on bad actors like cartels and dictators, but Trump’s rationale for an “emergency” that justifies billions in taxes on American consumers doesn’t make sense in Canada’s case. He has made spurious claims of a fentanyl crisis at the northern border on par with the drug situation at the southern border, but his numbers don’t add up …. Fortunately, the National Emergencies Act of 1976 included a provision allowing any senator to force a vote to block emergency powers (“there is enacted into law a joint resolution terminating the emergency “) being abused by the president. I (Tim Kaina) will be pulling that procedural lever to challenge Trump’s Canada tariffs early next week.” “Senate Voting on ‘Emergency’ Tariff Policy (Kaine).’ (March 28, 2025).

“A federal appeals court in Washington on Wednesday kept in place, for now, a block on the Trump administration’s use of a rarely invoked wartime statute to summarily deport Venezuelan migrants accused of being members of a violent street gang. By a 2-to-1 vote, a panel of the U.S. Court of Appeals for the District of Columbia Circuit said the Venezuelan migrants were likely to succeed in their claims that the government cannot use the wartime law, the Alien Enemies Act, to summarily transfer them to a prison in El Salvador without a hearing. “Appeals Court Blocks ‘Alien Enemy Act’ from Venezuelan Migration Cases.” New York Times (March 27, 2025).

“[The 1798 Alien Enemies Act states ….]  “Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government . . . all natives, citizens, denizens, or subjects of the hostile nation or government   . . who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.” “Trump and 1798 Alien Enemies Act.” Wall Street Journal (3.23.25).

“Who wants to understand America’s current tariff strategy would do better to think less about orthodox economics, and more about the realpolitik that motivates Trump. There are three points to consider here. Trump’s realpolitik rule number one is that burden sharing between America and the rest of the world must shift …. Realpolitik rule two is that China is the most critical geostrategic threat to the US and must be countered by any means necessary …. Third, the possibility of a “Mar-a-Lago” accord to weaken the dollar is to make US exports more competitive.” “Realpolitik’s of Trade.” Financial Times (March 31, 2025).