n this episode, Jermaine E. Whiteside offers a structured scholarly response to an AI-generated critique produced by Google NotebookLM analyzing Constitutional Emergency Powers and Strategic Industrial Protection: Reconciling Executive Authority with Market Principles in the EV Tariff Case. The episode examines how large language models interpret statutory authority, constitutional structure, and judicial doctrine when evaluating presidential action under the International Emergency Economic Powers Act (IEEPA).

The discussion focuses on three central issues raised by the critique: (1) whether IEEPA permits tariff-like measures absent explicit reference to “duties” or “taxes”; (2) the applicability and limits of the Major Questions Doctrine in the foreign-affairs and national-security context; and (3) the distinction between incidental revenue effects and impermissible revenue-raising motives in emergency economic actions. Drawing on Supreme Court precedent—including Youngstown Sheet & Tube Co. v. Sawyer, Dames & Moore v. Regan, West Virginia v. EPA, and United States v. Curtiss-Wright Export Corp.—the episode clarifies where the AI’s analysis aligns with established doctrine and where it misapplies domestic regulatory frameworks to foreign economic powers.

Beyond doctrinal correction, the episode advances a broader methodological contribution: it demonstrates how AI critiques can be productively integrated into legal scholarship as instruments of stress testing rather than authoritative arbiters. Whiteside introduces the Incidental Revenue Doctrine as an interpretive framework for distinguishing constitutionally permissible emergency measures from ultra vires revenue-driven actions, while reaffirming Congress’s retained oversight through the National Emergencies Act.

This episode is intended for judges, clerks, legal scholars, policymakers, and advanced students seeking a deeper understanding of emergency economic powers, judicial deference in foreign affairs, and the emerging role of AI in constitutional analysis. It complements the SSRN working paper and related amicus briefing materials by translating complex legal arguments into a clear, principled, and institutionally grounded discussion consistent with APA 7 scholarly standards.

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