The charade continued on Monday when Trump—clearly laser-focused on solving our northern border crisis—brought up U.S. banking and dairy market access in his first call with Trudeau and, when asked later that day about what Canada could do to escape the tariffs, fired off a 70-second response—covering lumber, autos, Canadian statehood (of course), and other topics—that never mentioned the border or fentanyl even once. And he topped it all off by writing on Truth Social that the Canada tariffs “will be paused for a 30 day period” not to see if Canada follows through on fentanyl but instead “to see whether or not a final Economic deal with Canada can be structured.”
Given this stuff and the “wins” that secured the Mexico and Canada tariff pauses, the “fentanyl” emergency is pretty clearly a sham—a pretext to invoke a vague, constitutionally suspect law that, until neutered by a court or Congress, lets the president threaten sweeping tariffs against close allies and trading partners, dominate the headlines, and demonstrate his great power over foreign governments to an adoring (and gloating) fan base.
Whether this reality has actual legal ramifications is an open question. There’s no precedent for using IEEPA to impose tariffs, especially not ones against an ally like Canada, and, along with big constitutional (separation of powers) questions, courts may look at whether there’s any “causal connection between the emergency—fentanyl and migrants—and the remedy: universal tariffs.” Maybe courts won’t consider Trump’s statements severing this connection, and maybe they will. As a practical matter, however, the issue is clearer: This ain’t about fentanyl and never was; Trump will continue to abuse IEEPA in similar ways until the courts or Congress stop him; and the U.S. economy will suffer—from tariffs or just uncertainty—as a result.
Fifth and finally, we learned that—as long as Trump is president and IEEPA and similar U.S. trade laws are on the books—the United States government is simply not a trustworthy trading partner. Canada and Mexico are the United States’ two largest trading partners, with deeply integrated economies thanks to geographic proximity and 30-plus years of relatively free and friendly trade under the North American Free Trade Agreement and its successor, the U.S.-Mexico-Canada Agreement. The latter deal, of course, was negotiated and signed by none other than Donald J. Trump (who praised it as “the best and most important trade deal ever made by the USA”), and was—certain problematic provisions aside—agreed to by Canada and Mexico and overwhelmingly approved by Congress in large part because of the security and predictability it offered to more than $1 trillion in annual trilateral commerce. The deal even had a novel provision for negotiating, amending, or terminating the deal, via negotiations scheduled to start next year (not this one).
With two quick signatures on Saturday, Trump blew up all of this for basically nothing, in the process signaling—not just to Canada and Mexico but every government in the world—that trade deals Washington signs aren’t worth the paper on which they’re written.
Given how important policy certainty is to markets (and to Federal Reserve decision-making), Trump’s behavior will have real-world economic harms, regardless of whether we see more tariffs in 30 days. But, by devaluing current or future trade agreements, it’ll also have serious implications for future U.S. trade policy. As I told the New York Times earlier this week, Trump’s tariff shenanigans are sure to “dissuade other countries from negotiating trade pacts with the United States out of fear that the president could arbitrarily scrap them by using his emergency powers.” That’s particularly the case because, by opening up domestic farmers, companies, and workers to new foreign competition, trade agreements usually impose real political costs on democratically elected officials. (See, e.g., the insane protests in Seoul when the U.S.-Korea free trade agreement was signed, or the recent ones in Paris for the new EU deal with South American trading bloc MERCOSUR.) After last weekend, every leader in the world’s gotta ask: If Trump can, with the stroke of a pen and for no good reason, completely upend a North American supply chain that has been in place for more than 30 years and involves one of the nation’s closest military allies, why should I expend the political capital needed to enter into a U.S. trade agreement?
Spoiler: They shouldn’t.
That’s a loss for American farmers, companies, and consumers seeking better access to foreign markets, goods, and services, with U.S. economic growth taking a small hit along the way, too. And it’s all but certain to accelerate governments’ moves away from the U.S. market (and toward each others’). But, as trade economist and new Cato adjunct Kyle Handley explains, it’s also a loss for the resiliency of the U.S. economy during times of global economic turmoil: