Google AI


Modern Australian

A Supreme Court showdown looms for Trump’s tariffs. Will it limit presidential power?

  • Written by: David Smith, Associate Professor in American Politics and Foreign Policy, US Studies Centre, University of Sydney

On November 5 the US Supreme Court will begin hearing arguments about the legality of President Donald Trump’s tariffs. As important as the tariff issue is, the stakes are much higher than that.

Trump has been claiming vast powers, at the expense of other branches of government, on the grounds of various “emergencies”. He has used these claims to justify sending troops to US cities and deporting non-citizens without due process under a law dating from 1798.

Trump imposed sweeping global tariffs under the auspices of the International Emergency Economic Powers Act (IEEPA) of 1977. Most legal experts agree, and so far three lower courts have ruled, that this act gives him no such power.

This case now presents an important test of the Supreme Court’s willingness to impose limits on Trump’s emergency powers.

The powers Trump is claiming

The US Constitution gives Congress, not the president, the power to set tariffs. Since the 1930s, Congress has passed a series of laws granting presidents the authority to adjust existing tariffs and deploy them to protect industries that are crucial to US national security.

The tariffs Trump has imposed this year go beyond the powers any previous president has had.

Some of Trump’s tariffs on goods in specific sectors such as steel and aluminium are authorised under Section 232 of the Trade Expansion Act because of their importance to military industries.

But to justify blanket tariff rates on entire countries, regardless of the goods involved, Trump has turned to the International Economic Emergency Powers Act (IEEPA).

This allows the president to block economic transactions and freeze assets after declaring an emergency. These actions usually target hostile powers or individuals. An emergency is an “unusual and extraordinary threat” to the US, originating “in whole or substantial part outside the United States”.

Trump originally claimed tariffs against Canada, Mexico and China were necessary to force those countries stop the traffic in fentanyl, which causes more than 70,000 overdose deaths in the US every year. Yet less than 1% of the fentanyl that enters the US comes from Canada.

For the “liberation day” tariffs affecting every other country in the world, Trump declared the annual US trade deficit in goods constituted “an unusual and extraordinary threat to the national security and economy of the United States”.

This trade deficit has been running since 1976, and it widened during Trump’s first administration.

The court case

The Trump administration is being sued by a group of small businesses that have been hurt by the 2025 tariffs, and which claim Trump had no right to impose them. They are supported by a bipartisan group of legal scholars.

A small business owner suing Trump over tariffs explains his decision.

Two federal courts and the US Court of International Trade have so far ruled IEEPA does not give the president the power to set tariffs.

The IEEPA was an amendment to the 1917 Trading with the Enemy Act, which the then president Richard Nixon used to impose 10% import tariffs during a trade crisis in 1971. The Trump administration has argued that because those tariffs were upheld by courts, Trump’s are also valid.

But the IEEPA, passed in 1977 following post-Watergate reforms of emergency powers, was intended to limit executive power, not expand it.

In the words of a report from the House Committee on International Relations that underpinned the reforms, “emergencies are by their nature rare and brief, and are not to be equated with normal ongoing problems”.

What will the Supreme Court do?

The weakness of the administration’s legal arguments is reflected in Trump’s public statements about why the Supreme Court must uphold his tariffs. These statements increasingly read like blackmail notes. He has said striking down the tariffs would “literally destroy the United States of America”.

As well as bringing in billions of dollars in revenue, Trump claims five of the eight wars he has supposedly ended were thanks to tariff leverage, and “if they took away tariffs, then they’ve taken away our national security”.

Striking down tariffs could be economically disruptive. It would weaken US leverage in trade negotiations, and raise the possibility of large tariff refunds.

These threats may persuade conservative Supreme Court justices who already take an expansive view of executive power, and who have so far enabled Trump’s accumulation of it.

However, the one area where Supreme Court conservatives might be willing to limit Trump’s powers is where they interfere with economic orthodoxy.

In a ruling allowing Trump to fire commissioners of some small, independent agencies, the court also appeared to protect members of the US central bank, the Federal Reserve, because of its “distinct historical tradition”.

The Supreme Court has since temporarily blocked Trump’s attempt to fire one of the Federal Reserve governors, Lisa Cook. The judges may also decide that allowing a president to impose unlimited new taxes is a step too far.

Even if the Supreme Court does strike down the IEEPA tariffs, Trump is unlikely to abandon tariffs as a policy tool. They are a core part of his identity.

The administration has already vowed that if it loses in the Supreme Court, it will find other ways to impose tariffs under different laws that “have the same effect”.

The significance of the Supreme Court’s decision may not be about the tariffs themselves, but about whether it recognises any limit to presidential power.

Authors: David Smith, Associate Professor in American Politics and Foreign Policy, US Studies Centre, University of Sydney

Read more https://theconversation.com/a-supreme-court-showdown-looms-for-trumps-tariffs-will-it-limit-presidential-power-267630

Better Business Photos Without Misleading Customers: An Australian Guide

A timber dining set looks inviting against a sunny deck, with cushions, lanterns and enough chairs for the whole family. But imagine the retailer sell...

Understanding a dental implant Melbourne Treatment Plan

A dental implant Melbourne patients may consider is one option for replacing a missing tooth, but suitability depends on oral health, bone support a...

How 3PL Logistics Australia Supports Faster and More Efficient Supply Chains

Why Has 3PL Logistics Become Important for Growing Businesses?  Gone are the days when supply chains were simpler and in minimal quantity. Now, the...

Common Skin Concerns and Treatment Options Available in Melbourne

Skin concerns can develop gradually or become noticeable following changes in age, lifestyle, sun exposure or hormonal factors. Pigmentation, rednes...

Why a Code-Compliant Home Can Still Feel Uncomfortable

When people build or renovate a home, they usually expect that meeting current building requirements will also produce a comfortable place to live. ...

Breach of Contract in Business: What Are Your Options?

Contracts are essential to business relationships. They establish expectations, allocate responsibilities and provide a framework for delivering goods...

How Pest Control Companies Can Rank for the Problems Customers Search First

Introduction SEO for Pest Control needs to start with the customer’s problem. Most people do not search for pest services in a neat or technical wa...

What Are the Benefits of Renovating an Older Home in Sydney?

Sydney has plenty of character homes, from Federation cottages to mid-century brick homes. Renovating rather than rebuilding can preserve what makes t...

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Metal Fabrication: Choosing Metal Fabrication Melbourne Services for Custom Projects

What Modern Metal Fabrication Involves From individual components to complete structures, metal fabrication brings together processes such as desig...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Full-Height vs. Pop-Top Caravan: Which Is Better for Family Travel across WA?

A pop-top caravan is an excellent choice for travellers who want the comfort of a caravan without committing to a larger, bulkier setup. With a lowe...