Trump's tariff powers on trial and Canada's Indigenous property crisis
Nov 6, 2025
In this engaging discussion, David Frum, a noted author and political commentator, delves into the Supreme Court's examination of Trump's emergency tariff powers. He highlights the implications for presidential authority and the relationship between Congress and the executive branch. Frum asserts that unilateral emergency declarations should be limited to maintain constitutional integrity. The conversation also shifts to Canada's Indigenous property rights, specifically the Cowichan Tribes decision, prompting a reflection on Indigenous rights within the broader legal landscape.
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Spend Defense Money With A Clear Strategy
- Canada must define clear strategic priorities when expanding defense spending because resources are finite.
- Frum warns money without strategy risks being spent politically rather than on core threats like cyber, espionage, or internal disorder.
Court's Role In Checking Emergency Power
- The Supreme Court's decision on IEEPA tests the Court's willingness to curb expansive presidential power.
- David Frum argues the statute was meant to limit, not expand, emergency economic authority and that unchecked claims would erase Congress's Article I powers.
IEEPA Was Designed To Constrain, Not Expand
- IEEPA was enacted to regularize and reduce presidential emergency powers compared with the Trading With the Enemy Act.
- Frum emphasizes historical context to show IEEPA is not a blank check for tariffs or permanent emergencies.

