Saturday assorted links
Why the “Lesser Included Action” Argument for IEEPA Tariffs Fails
The Supreme Court yesterday struck down Trump’s IEEPA tariffs, holding that the statute’s authorization to “regulate… importation” doesn’t include the power to impose tariffs. The majority’s strongest argument is simple: every time Congress actually delegates tariff authority, it uses the word “duty,” caps the rate, sets a time limit, and requires procedural prerequisites. IEEPA has none of these.
The dissent pushes back with an intuitively appealing argument: IEEPA authorizes the President to prohibit imports entirely, so surely it authorizes the lesser action of merely taxing them. If Congress handed over the nuclear option, why would it withhold the conventional weapon? Indeed in his press conference Trump, in his rambling manner, made exactly this argument:
“I am allowed to cut off any and all trade…I can destroy the trade, I can destroy the country, I’m even allowed to impose a foreign country destroying embargo…I can do anything I want to do to them…I’m allowed to destroy the country, but I can’t charge a little fee.”
The argument is superficially appealing but it fails due to a standard result in principal-agent theory.
Congress wants the President to move fast in a real emergency, but it doesn’t want to hand over routine control of trade policy. The right delegation design is therefore a screening device: give the President authority he will exercise only when the situation is truly an emergency.
An import ban works as a screening device precisely because it is very disruptive. A ban creates immediate and substantial harm. It is a “costly signal.” A President who invokes it is credibly saying: this is serious enough that I am willing to absorb a large cost. Tariffs, in contrast, are cheaper–especially to the President. Tariffs raise revenue, which offsets political pain. Tariff incidence is diffuse and easy to misattribute—prices creep, intermediaries take blame, consumers don’t observe the policy lever directly. Most importantly tariffs are adjustable, which makes them a weapon useful for bargaining, exemptions, and targeted favors. Tariffs under executive authority implicitly carry the message–I am the king; give me a gold bar and I will reduce your tariffs. Tariff flexibility is more politically appealing than a ban and thus a less credible signal of an emergency. The “lesser-included” argument gets the logic backwards. The asymmetry is the point.
Not surprisingly, the same structure appears in real emergency services. A fire chief may have the authority to close roads during an emergency but that doesn’t imply that the fire chief has the authority to impose road tolls. Road closure is costly and self-limiting — it disrupts traffic, generates immediate complaints, and the chief has every incentive to lift it as soon as possible. Tolls are cheap, adjustable, and once in place tend to persist; they generate revenue that can fund the agency and create constituencies for their continuation. Nobody thinks granting a fire chief emergency closure authority implicitly grants them taxing authority, even if the latter is a lesser authority. The closure and toll instruments have completely different political economy properties despite operating on the same roads.
The majority reaches the right conclusion by noting that tariffs are a tax over which Congress, not the President, has authority. That is constitutionally correct but the deeper question is why the Framers lodged the taxing power in Congress — and the answer is political economy. Revenue instruments are especially easy for an executive to exploit because they can be targeted. The constitutional rule exists to solve that incentive problem.
Once you see that, the dissent’s “greater includes the lesser” inference collapses on its own terms. A principal can rationally authorize am agent to take a dramatic emergency action while withholding the cheaper, revenue-lever not despite the fact that it seems milder, but because of it. The blunt instrument is self-limiting. The revenue instrument is not. That asymmetry is what the Constitution’s categorical division of powers preserves — and what an open-ended emergency delegation would destroy.
A Republic, if you can keep it
The conclusion of Justice Gorsuch’s concurrence in the tariff case:
For those who think it important for the Nation to impose more tariffs, I understand that today’s decision will be disappointing. All I can offer them is that most major decisions affecting the rights and responsibilities of the American people (including the duty to pay taxes and tariffs) are funneled through the legislative process for a reason. Yes, legislating can be hard and take time. And, yes, it can be tempting to bypass Congress when some pressing problem
arises. But the deliberative nature of the legislative process was the whole point of its design. Through that process, the Nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man. There, deliberation tempers impulse, and compromise hammers
disagreements into workable solutions. And because laws must earn such broad support to survive the legislative process, they tend to endure, allowing ordinary people to plan their lives in ways they cannot when the rules shift from day to day. In all, the legislative process helps ensure each of us has a stake in the laws that govern us and in the Nation’s future. For some today, the weight of those virtues is apparent. For others, it may not seem so obvious. But if history is any guide, the tables will turn and the day will come when those disappointed by today’s result will appreciate the legislative process for the bulwark of liberty it is.
South Africa facts of the day
With the lights back on and freight beginning to move again, in November South Africa won its first credit upgrade in two decades after S&P Global Ratings lifted the sovereign rating by one notch to double B.
Investor confidence is also up. According to Nedbank, private sector investment announcements tripled last year to more than R382bn ($23.6bn). Since the end of 2023, the South African rand has been the world’s best performing major currency on a spot basis reflecting immediate exchange rates, up nearly 15 per cent against the dollar. Over the past 12 months, the JSE all-share index is up 37 per cent in rand terms.
Growth reached 1.2 per cent in 2025, hardly transformative, but double the rate of the previous year. For the first time in a long time, economists are talking enthusiastically about “green shoots” and forecasting year-on-year expansion.
Here is more from David Pilling, Joseph Cotterill, and Monica Mark at the FT.
I podcast on Spain and Latin America
With Rasheed Griffith and Diego Sanchez de la Cruz. Here is one excerpt:
Rasheed: Tyler, if El Salvador were to become a success story, what would it likely be a success at first? Manufacturing, migratory investment, investment tourism, or something more unusual? Because those typical answers feel like maybe they have missed the boat.
Tyler: I think El Salvador has turned itself into a very safe country which is great news. I think you and I both saw that when we were there. I think under all scenarios they have a very hard time becoming much richer. So I don’t think it’s manufacturing through no fault of their own. But most of the world is de-industrializing. So manufacturing is not a source of growing employment due to automation. But there’s other issues for Central America such as scale and the cost of electricity. El Salvador is not the best in Latin America for either of those compared say to Northern Mexico. So I don’t see what its relative advantage is. And it’s just a small place.
I checked with ChatGPT. one estimate places about third of the population, living in the United States on average. That’s probably the more ambitious one third. So there’s considerable brain drain. I do think in terms of levels they can do much more with tourism. They have an entire Pacific Coast which is quite underdeveloped, and could be developed very fruitfully. Sell condominiums, have people do more surfing. Try to have something a bit more like the next Acapulco, but even there you’re competing against Cancun among other locations and it will boost their level but it won’t be a permanently higher rate of growth.
And that’s the case with many touristic developments. They don’t self compound forever and give you many other productivity improvements. So I expect El Salvador to do much better but I know a lot of people who read Bukele on social media and they think it’s about to be the next Singapore or something and I just don’t know how they’re gonna do that under really any scenario. I do think it will improve and they’ll get more foreign investment and more tourism.
Rasheed: How much is “much better”? That’s doing a lot of work there.
Tyler: When you look at the Pacific Coast and you and I sat right next to the water [it could develop much more]. So that could create quite a few jobs. But in the longer term steady state I think they’ll have a hard time averaging more than 2% growth. So they can attach themselves more closely to the US economy. They use the dollar and let’s just assume their governance does not go crazy. That’s another risk right? So Bukele or whoever succeeds them could overreach. The checks and balances the constitutional protections there seem quite weak. Another possible risk there that even despite his best efforts the country becomes dangerous again. You look at Costa Rica which had been quite safe and did all the right things, and is larger and has many more resources and that’s now becoming a more dangerous place because it was targeted by external, in some cases Mexican drug traffickers. And that could happen to El Salvador as well. So even if think the current campaign is gonna work forever it doesn’t mean the country stays safe forever. It’s not really in a very safe region. So that’s a side risk which will also keep down foreign investment. I don’t know, I’m I am definitely seeing the upside but not super duper optimistic there.
Plenty of fresh material, with transcript, recommended.
The Great Forgetting, a continuing series
On Thursday, the Center for American Progress, a prominent left-leaning think tank that often cultivates policy ideas later adopted by the Democratic Party, proposed a two-year freeze on the prices of 24 food items, such as strawberries and ground beef.
Grocers would voluntarily agree to capping the cost of food in exchange for paying lower fees on credit card transactions, according to the proposal, which was written by a group led by Jared Bernstein, who chaired the White House Council of Economic Advisers during Joe Biden’s presidency.
That, in effect, would force credit card companies to absorb the cost of subsidizing food purchases, a highly unusual arrangement. A draft of the proposal said the Federal Reserve could force credit card companies to do so via its regulatory oversight, though that provision was removed after questions from The Washington Post.
It is not clear how else the government might persuade credit card companies to foot the bill, nor how many grocers would agree.
Here is more from The Washington Post. Elsewhere in The Great Forgetting, three Supreme Court Justices seem to have forgotten what the Constitution says.
Friday assorted links
1. Firms are replacing freelancers with AI.
2. General disorder does not seem to be increasing.
3. Fei-Fei Li.
4. India does deepfakes of the dead. It is an interesting question which cultures want this most.
5. Post-patent, future markets in everything? Data, at the very least.
GPT as a Measurement Tool
We present the GABRIEL software package, which uses GPT to quantify attributes in qualitative data (e.g. how “pro innovation” a speech is). GPT is evaluated on classification and attribute rating performance against 1000+ human annotated tasks across a range of topics and data. We find that GPT as a measurement tool is accurate across domains and generally indistinguishable from human evaluators. Our evidence indicates that labeling results do not depend on the exact prompting strategy used, and that GPT is not relying on training data contamination or inferring attributes from other attributes. We showcase the possibilities of GABRIEL by quantifying novel and granular trends in Congressional remarks, social media toxicity, and county-level school curricula. We then apply GABRIEL to study the history of tech adoption, using it to assemble a novel dataset of 37,000 technologies. Our analysis documents a tenfold decline of time lags from invention to adoption over the industrial age, from ~50 years to ~5 years today. We quantify the increasing dominance of companies and the U.S. in innovation, alongside characteristics that explain whether a technology will be adopted slowly or speedily.
That is from a new NBER working paper by .
Brazil facts of the day
Pensions cost the government 10% of GDP. If no reforms are made by 2050, Brazil will spend more on pensions as a share of GDP than many richer and greyer countries… Though Brazil’s share of young people is similar to that in Chile or Mexico, its pension spending is already at Japan’s level. That is despite a modest reform in 2019 that introduced a minimum retirement age. The population is ageing rapidly. Without reform, its social-security deficit, or the shortfall between contributions and payments, is set to rise from 2% of GDP today to over 16% by 2060.
Brazil’s courts cost 1.3% of GDP —the second-most expensive in the world—mostly because of generous pensions. The typical soldier retires before turning 55 on a pension equivalent to their full salary.
Here is more from The Economist. By the way, Brazil cannot change its pension system without amending the constitution.
Why don’t American companies hire more in Canada?
In the specific sector I work in (previously law and now tech), I am surprised by how few US companies hire in Canada. The Canadians I know in these fields are typically on par with the Americans, but doing the same work at half the price. This superficially looks like an economic puzzle: with no timezone difference, language barrier, or cultural friction, why would American companies not hire the much cheaper Canadians? I believe the answer brings together everything I’ve touched on in this essay. The reason is legibility. There aren’t enough Canadians with resumes that American hiring algorithms recognize. If an American tech company uses “Previously worked at a company like Amazon” as a filter, a software engineer from RBC, despite being equally talented, does not pass the filter. If Canada wanted to see more of its citizens hired by US companies, the strategy shouldn’t be better education or training. It should be subsidizing large US companies to open offices in Canada, purely to brand candidates as “Amazon Product Managers.” Because once they have the badge, the market will finally see them.
Here is more from Daniel Frank, note the post covers some quite different issues, all related to talent. Via Watt.
Wuthering Heights, the movie
I liked it very much, noting it is not one for the purists. The visuals and soundtrack added to the general passionate feel. I can recommend the Jonathan Bate review and the Louise Perry review (WSJ). The other version of this movie I can recommend is the Luis Buñuel Mexican interpretation, also full of passion and that poor pig. At its heart, this is a very Mexican story and no way should it be done in a Masterpiece Theater kind of style.
Colin McGinn’s “My Honest Views”
I think David Lewis was off his rocker, I think Donald Davidson was far too impressed by elementary logic and decision theory, I think Willard Quine was a mediocre logician with some philosophical side-interests, I think Daniel Dennett never understood philosophy, I think Michael Dummett was a dimwit outside of his narrow specializations, I think P.F. Strawson struggled to understand much of philosophy, I think Gilbert Ryle was a classicist who wanted philosophy gone by any means necessary, I think Gareth Evans had no philosophical depth, I think John Searle was a philosophical lightweight, I think Jerry Fodor had no idea about philosophy and didn’t care, I think Saul Kripke was a mathematician with a passing interest in certain limited areas of philosophy, I think Hilary Putnam was a scientist-linguist who found philosophy incomprehensible, I think Ludwig Wittgenstein was a philosophical ignoramus too arrogant to learn some history, I think Bertrand Russell was only interested in skepticism, I think Gottlob Frege was a middling mathematician with no other philosophical interests, I think the positivists were well-meaning idiots, I think Edmund Husserl had no interest in anything outside his own consciousness, I think Martin Heidegger and John-Paul Sartre were mainly psychological politicians, I think John Austin was a scientifically illiterate language student, I think Noam Chomsky was neither a professional linguist nor a philosopher nor a psychologist but some sort of uneasy combination, I think the vast majority of current philosophers have no idea what philosophy is about and struggle to come to terms with it, I think philosophy has been a shambles since Descartes, I think Plato and Aristotle were philosophical preschoolers, I think no one has ever really grasped the nature of philosophical problems, I think the human brain is a hotbed of bad philosophy (and that is its great glory).
Here is the link, via The Browser. My honest view is that he is worrying too much about other people, and not enough about issues.
Thursday assorted links
India AI Data MCP
The Government of India’s Ministry of Statistics and Program Implementation has created an impressive Model Context Protocol (MCP) to connect AI’s to Indian datasets. An AI connected to data via an MCP essentially knows the entire codebook and can make use of the data like an expert. Once connected one can query the data in natural language and quickly create graphs and statistical analysis. I connected Claude to the MCP and created an elegant dashboard with data from India’s Annual Survey of Industries. Check it out.
My excellent Conversation with Joe Studwell
Here is the audio, video, and transcript. The conversation is based around Joe’s new and very good book How Africa Works: Success and Failure in the World’s Last Developmental Frontier. Here is part of the episode summary:
Tyler and Joe explore whether population density actually solves development, which African countries are likely to achieve stable growth, whether Africa has a manufacturing future, why state infrastructure projects decay while farmer-led irrigation thrives, what progress looks like in education and public health, whether charter cities or special economic zones can work, and how permanent Africa’s colonial borders really are. After testing Joe’s optimism about Africa, Tyler shifts back to Asia: what Japan and South Korea will do about depopulation, why industrial policy worked in East Asia but failed in India and Brazil, what went wrong in Thailand, and what Joe will tackle next.
Excerpt:
COWEN: Does Africa have a manufacturing future? Is robotics coming, AI, possibly some reshoring?
STUDWELL: Yes. I believe that Africa does have a manufacturing future.
COWEN: But making what? And at what cost of energy?
STUDWELL: They will start, as everybody does, producing garments, producing textiles, which in certain enclaves is already going on in Madagascar, in Lasutu, in Morocco, and they’ll move on to other things. They’ll start with those things because they are the most labor cost-sensitive products.
Africa is now in a position where — depending on which state you’re looking at, and taking China as a reference point — the cost of labor is now between a half and one-tenth of what it is in China. Factory labor is now around $600 a month at its cheapest. In a country like Ethiopia or Madagascar, it’s $60 or $65 a month. So, it’s a 10th of the cost, and that’s already beginning to have a bit of effect, often with Chinese firms moving production to Africa.
So, I think there is a future for manufacturing. It will depend on the extent to which African governments understand that you don’t really move forward fast for very long without manufacturing, that every developed country — apart from a few petro states and financial centers — has gone through a manufacturing phase of development. It depends on the extent to which African governments engage with that, but some, without doubt, will.
The Ethiopians, for instance, have already attempted to do that. What they’re trying to do has been somewhat derailed by the two-year civil war that took place from 2020, but they’re back on it now, and they’re trying to move forward.
The idea that robotics and AI are going to change the story I personally do not buy, principally for two reasons. One is the cost reason, because whenever people talk about what’s happening with robotics, no one ever talks about the cost of robots. In garmenting, for instance, even a basic robot will cost you in excess of $100,000, and you pay the cost upfront, and you’ve then paid that, whether there’s demand for your products or not. Also, in garmenting and in textiles, robots don’t work very well because they can’t work with material very well. They’re much better at working with solid things.
So, you’ve spent $100,000 for a robot when you can go out in somewhere like Tana in Madagascar and get another skilled — because they’ve been doing it now for 20 years — garmenting employee for $60 or $65 to make the new order that you just got. And if the order doesn’t come through, you can sack them. You see what I’m saying? There’s a point about the cost of robotics.
COWEN: But think of automation more generally — it’s not that expensive. Most countries are de-industrializing. Even South Africa has been de-industrializing for a while, and China maybe has peaked out at industrialization, measured in terms of employment. It’s hard to trust their numbers. But maybe just everywhere is going to deindustrialize, and that will be very bad for Africa.
STUDWELL: I don’t think so. I think South Africa is deindustrializing because the ANC has followed a hyper-liberal approach to economic policy. I don’t think the ANC has ever really understood economic policy, frankly, so South Africa is an outlier in that respect. There are many other states in Africa, whether Nigeria or Ethiopia, which understand they’ve got to have a manufacturing future and intend to pursue one.
Then, as I was saying, the other point is, what people miss is the flexibility with robotics and AI. There’s very limited flexibility with robotic and automated production. When demand goes up, you can’t just stick in more robots, but when demand goes up in a people-operated factory, where the cost of labor is low, you can stick in more people and produce more.
Just one example: during COVID, when everybody was having home deliveries of supermarket goods, the price of a UK firm called Ocado, which runs a supermarket, but was also developing the software and consulting around building blind warehouses went up through the roof, but now it’s down through the floor.
And only last week, Kroger supermarket in the US said, “We’re closing five of these super-modern blind warehouses.” And the reason, fundamentally, is because they lack the flexibility that human labor brings to the job. So, I’m not saying that robots, automation, and AI are not important. They are important. What I am saying is that they are not going to derail a manufacturing future for a number of African countries that aggressively pursue it.
COWEN: But there’re a lot of developing nations around the world — you could look at India, you could look at Pakistan, even Thailand — where manufacturing has not taken off the way one might have wanted. There’re just major forces operating against it. And in the US, manufacturing employment was once 37 percent of the workforce; now it’s 7 percent to 8 percent.
It just seems like it’s swimming upstream for Africa — which again, has quite expensive energy — to think it will do that well. And again, South Africa had very good technology, pretty high state capacity. I don’t see the alternate world state where a wiser ANC would have made that work.
STUDWELL: Well, oddly enough, before the end of Apartheid, the manufacturing performance of South Africa was really not bad at all, with classic industrial policy, quite high levels of protection, and so forth. I think that demand for manufactured goods will continue to be high around the world, and the labor cost will continue to be a prime determinant of where producers go for low value-added goods. So, I think that the opportunity is there for African countries.
COWEN: But say there’re transportation costs internally, energy costs, political order uncertainty. Where’s the place where people really want to put all these manufacturing firms?
Interesting throughout, recommended.