Mises Institute Trump’s Tariff Power Grab
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Nov 6, 2025 Conor O'Keefe, an author and commentator for the Mises Wire, dives into the controversial topic of Trump's tariff powers. He examines the Supreme Court's potential response to the current administration's reliance on emergency powers to impose tariffs. Key discussions include the political dynamics affecting judicial decisions and the implications of expanding executive authority. Conor critiques Trump's apparent abandonment of limiting bureaucracy while highlighting the conflicts between consumer interests and the tariffs. Expect an engaging exploration of power and policy!
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Tariffs Claimed As Emergency Power
- The Trump administration invoked the 1977 International Emergency Economic Powers Act to justify tariffs as an emergency power.
- Claiming a trade deficit as a national emergency stretches statutory language and challenges separation of taxing power.
Major Questions Doctrine Raises Hurdle
- The Supreme Court's major questions doctrine demands clear congressional authorization for sweeping executive actions.
- Interpreting "regulations" to include tariffs would conflict with that doctrine and recent court reasoning.
Court Curbs Administrative Deference
- Recent Supreme Court rulings limited agency deference, notably overturning Chevron and embracing the major questions doctrine.
- Those decisions weakened the administrative state's ability to expand power via vague statutes.