Trump Tariffs Challenged as Overreach of Presidential Power

[Kamaji]

President Donald Trump’s sweeping new tariffs, including a 10% blanket levy on all imports, officially took effect this weekend — and legal pushback is already underway, The Wall Street Journal reported on Sunday.

The administration is leaning on emergency powers to justify the tariffs, citing national security threats like fentanyl trafficking and economic imbalances. But critics say the move stretches presidential authority beyond its legal limits and sets the stage for a significant court battle over executive power in trade.

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Although Congress traditionally holds the power to regulate trade and impose tariffs, it has gradually delegated some of that authority to the executive branch through various laws. Trump is now relying on the International Emergency Economic Powers Act — a 1977 statute typically used for sanctions and asset freezes — to justify the tariff hike. He’s the first president to use it for imposing broad-based import taxes.

Critics argue that the emergencies cited by Trump are not the kind of “unusual and extraordinary threats” the law was meant to address. Legal experts also warn that using the IEEPA in this way could open the door to unchecked presidential control over trade policy.

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Source:  https://www.msn.com/en-us/news/politics/trump-s-new-tariffs-face-legal-challenges-to-presidential-power/ar-AA1CosSP?ocid=BingNewsSerp

[Timber Rattler]

It really is...tariffs are set by Congress.  Trump is abusing emergency powers just like Obama did.

[Hoodat]

It really is...tariffs are set by Congress.  Trump is abusing emergency powers just like Obama did.

Congress ceded its power over to the President for imposing tariffs.


How Congress delegates its tariff powers to the president

Scott Bomboy  |  April 2, 2025

.  .  .  The Constitution actually grants Congress the power to levy tariffs, but in recent years as a result of certain laws Congress has passed, the president and the executive branch have controlled when and how tariffs are placed on goods entering the United States.  .  .  .

https://constitutioncenter.org/blog/how-congress-delegates-its-tariff-powers-to-the-president

[Weird Tolkienish Figure]

Congress ceded its power over to the President for imposing tariffs.


How Congress delegates its tariff powers to the president

Scott Bomboy  |  April 2, 2025

.  .  .  The Constitution actually grants Congress the power to levy tariffs, but in recent years as a result of certain laws Congress has passed, the president and the executive branch have controlled when and how tariffs are placed on goods entering the United States.  .  .  .

https://constitutioncenter.org/blog/how-congress-delegates-its-tariff-powers-to-the-president

Yep, the reciprocal tariffs act, during the great depression, signed after smoot-hawley disaster. Originally was required that congress approve hikes, but of course that went away after further legislation. After all, why not give all tariff power to one guy... what's the worst that could happen?

[Kamaji]

Kissing cousin to the nondelegability principle currently before the Supreme Court.

[roamer_1]

I will step outside of my normal box and say I can understand why Congress ceded *SOME* power to the president in this case. Often times the Administration is the spear point in negotiations amongst nations - And tariffs are a powerful tool.

But I don't believe it was meant, nor should be meant, to be wielded at this magnitude... And always except for very temporary purposes, with the full faith and ratification of Congress shortly in the wings.

That perhaps, is what ought to be.

[Right_in_Virginia]

It really is...tariffs are set by Congress.  Trump is abusing emergency powers just like Obama did.

    

[The_Reader_David]

Not even recent. The first law, still on the books, giving away Congress's power to impose tariffs was passed in 1934.

[Hoodat]

I will step outside of my normal box and say I can understand why Congress ceded *SOME* power to the president in this case. Often times the Administration is the spear point in negotiations amongst nations - And tariffs are a powerful tool.

In this case, Congress ceded their power to the President because they are lazy and didn't want to be held accountable for keeping us in a Depression for over a decade.

[kevindavis007]

What was the 'Emergency'. Also, how come he didn't do this the first time around?

[roamer_1]

In this case, Congress ceded their power to the President because they are lazy and didn't want to be held accountable for keeping us in a Depression for over a decade.

That's right. Do not think I am without ire toward Congress.

I am merely saying that I understand why Congress gave some muscle to the Administration for use on the fly. That he could in a sense, speak for them, without the laborious ritual of ratification.

That isn't to say that it's right or it's wrong - Just that I understand where it comes from.

However THIS, right here, is certainly way too much, regardless of the 'why'. THIS much is too much, by far... and a jealous Congress, by rights, ought to be reeling him back in and bring him to heel.

[Hoodat]

... and a jealous Congress, by rights, ought to be reeling him back in and bring him to heel.

Same rule applies.  Congress is lazy and doesn't want to be held accountable.