U.S. Trade Policy and Constitutional Authority

In this line of research, Kathleen Claussen and I investigate tensions in the triadic relationships between the U.S. Congress, the President of the United States, and the Office of the U.S. Trade Representative. Through content analysis, we examine Congressional hearings to understand how:

• institutional actors perform their Constitutional and statutory authorities in public

• the balance of power between these three institutions have changed over time

• how these public performances become performative and impact substantive trade law

Blog: “ ‘Nice’ Trade Lawmaking and the Separation of Powers” (Yale Journal on Regulation, Notice and Comment Blog) with Kathleen Claussen
Post Available Here
While a viral March 2023 exchange between USTR Katherine Tai and Rep. Greg Murphy was exceptional in many ways, congressional oversight over USTR has long focused on the personality and toughness of its agency head.  These traits matter in what we argue is a unique triadic separation of powers dispute.