On Point with Meghna Chakrabarti Why the Supreme Court tariffs case is about so much more
Nov 4, 2025
Lori Wallach, director of the Rethink Trade Program, and Mark Joseph Stern, a senior writer on court issues, join to tackle the Supreme Court's upcoming decision on Trump’s tariffs. They delve into the constitutional authority of the president regarding tariff implementation and discuss its potential impact on executive power. Wallach highlights how tariffs affect small businesses and the historical delegation of trade authority from Congress. Stern explains the implications of recent judicial trends that may expand presidential control.
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Who Controls Tariff Power
- The key legal question is who can lawfully levy tariffs: the president or Congress.
- The Supreme Court will decide whether Trump's sweeping tariffs exceed constitutional limits on executive power.
Constitution Put Tariffs With Congress
- The Constitution gives Congress exclusive authority to levy duties and regulate foreign commerce.
- Founders intentionally put tariff authority in Congress to check unilateral executive use of economic power.
Delegations Exist But Are Narrow
- Congress has delegated specific, narrow tariff authorities with process and limits like Section 232.
- The Trump administration seeks a broader, unbounded authority under the International Emergency Economic Powers Act (IEPA).