1A Trump’s Tariffs Get Their Day At The Supreme Court
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Nov 4, 2025 Kate Shaw, a constitutional law professor at the University of Pennsylvania and co-host of the Strict Scrutiny podcast, dives into the ongoing Supreme Court cases regarding President Trump's tariffs. She explains how these tariffs were imposed without Congressional input, raising questions about presidential power. Shaw discusses the implications of the International Emergency Economic Powers Act and whether tariffs qualify as taxes under the Constitution. The conversation highlights the significant legal and economic stakes tied to the Court's decision.
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Tariffs Raised As Constitutional Power Fight
- The Trump administration imposed broad tariffs via executive action without Congress, raising separation-of-powers questions.
- Challengers argue tariffs function as taxes that Congress, not the president, must authorize under Article I.
IEEPA's 'Regulate' Versus Tariff Power
- The International Emergency Economic Powers Act (IEEPA) lets presidents regulate during declared national emergencies.
- The dispute is whether 'regulate' includes imposing tariffs and whether courts must defer to the president's emergency finding.
Statutory Reading Triggers Constitutional Question
- Even if a statute seems to allow tariffs, constitutional limits on delegation may bar Congress from handing over core tax power.
- The case therefore blends statutory interpretation with potential constitutional separation-of-powers review.