trump did set tariffs, when it is clearly Congress' power to set tariffs.
Well, thanks.
Article I, Section 8 states: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises" and "to regulate Commerce with foreign Nations."
President Trump's broad 2025 tariffs
have been ruled unconstitutional by multiple federal courts for violating separation of powers; usurping Congress's exclusive taxing authority without clear statutory backing.
The president relied on the International Emergency Economic Powers Act (IEEPA) of 1977, which allows presidents to regulate imports during "unusual and extraordinary threats"
While the president's first-term tariffs mostly survived, the second-term escalation under IEEPA crossed lines, per judicial consensus.
As of October 24, 2025, the Supreme Court is set to review the Federal Circuits' ruling, with a decision possible by summer 2026.
The Trump administration petitioned for expedited review, but the Court declined to fast-track.
Tariffs remain in effect under a stay, though some (e.g., on electronics) were paused.
The Trump Administration has shifted some to Section 232 (national security), which courts have historically deferred to, potentially insulating parts from challenges.
The Supreme Court's final word could reshape executive trade powers.