The National Post reports in its Tuesday edition that on Friday, President Donald Trump increased tariffs on Canadian goods not covered by the Canada-United States-Mexico Agreement from 25 per cent to 35 per cent. The Post's Tracy Moran writes that Mr. Trump's policies are on shaky ground. The legality of Mr. Trump's tariffs under the U.S. Constitution is in question, as it gives Congress control over trade, which Mr. Trump bypassed by claiming International Emergency Economic Powers Act emergency powers. The Federal Circuit Court of Appeals recently held an en banc hearing to discuss challenges to this use of the IEEPA, with judges questioning whether the law, intended for sanctions during emergencies, allows for tariffs. One judge noted that "IEEPA doesn't even mention the word 'tariffs.'" The White House argues that the law grants the president "broad and flexible" emergency powers. Cato Institute's Thomas Berry says the challengers appear to have a stronger case. Mr. Trump's lawyers argue that his executive order justifies the tariffs. However, Mr. Berry believes the key issue is that IEEPA may not authorize tariffs at all, which could resolve the case simply, and the Federal Circuit seems to lean in that direction.