Legality, Next Steps for Canadian Tariffs

Feb 14, 2025

1 min

Julian Ku

Maurice A. Deane School of Law at Hofstra University Professor Julian Ku was quoted in The Globe and Mail article “The best hope for Canada in fighting a trade war with Trump may lie in U.S. courts."



“Using IEEPA to impose tariffs has not been done before, so there has never been a court ruling on this question,” said Julian Ku, who studies the interaction of international law and U.S. constitutional law at Hofstra University.

Mr. Trump has, however, argued that he is responding to external threats, citing the movement of fentanyl and illegal migrants to the U.S. from Canada, Mexico and China. That is likely to prove a potent defense, Prof. Ku said.

“The court has also been deferential to the President on national-security matters, and the language of the statute is very broad, so it is far from clear which way the court would come down on this issue,” he said.
Connect with:
Julian Ku

Julian Ku

Professor of Law and Interim Dean

The Maurice A. Deane Distinguished Professor in Constitutional Law and Professor of Law.

International LawInternational Law in U.S. CourtsConstitutional LawCorporate LawTrans Pacific Partnership

You might also like...

Check out some other posts from Hofstra University

1 min

Ku Writes ‘National Review’ Article

Maurice A. Deane Distinguished Professor of Constitutional Law Julian Ku recently penned the article “The President Can Act Unilaterally to Defend America Abroad,” for the National Review. Professor Ku argues that President Trump’s military campaign against the Houthis in Yemen has a strong legal basis under both constitutional and international law. He stated: “there are many historical examples of U.S. presidents invoking authority to defend U.S. lives and property abroad – including maritime commerce –without getting specific authorization from Congress or the United Nations.”

1 min

A Shift in President Trump’s Messaging on the Economy

Provost Emeritus and the Lawrence Herbert Distinguished Professor Herman A. Berliner was featured in a Newsday story about President Donald Trump’s economic messaging, which has shifted from promises to end inflation to warnings of “a little disturbance” amid lagging consumer confidence and a slumping stock market. “This is a very popular president. He’s listened to by a lot of people in the country. If he says that the economy is going to go through some turbulence, people will believe that,” said Dr. Berliner. “He’s an enormously influential person in terms of both steering the economy and reassuring the country about the economy.”

1 min

Post-Pandemic Changes in Higher Ed

Provost Emeritus and the Lawrence Herbert Distinguished Professor Herman A. Berliner was featured in The Chronicle of Higher Education‘s Daily Briefing on March 14 about what has changed in higher education since the Covid-19 pandemic five years ago.

View all posts