1. United States
2. Va.
3. Letter

The president of the United States has no authority to unilaterally impose reciprocal tariffs under the International Emergency Economic Powers Act (IEEPA) or the Constitution. In May, two federal trial courts ruled that the tariffs imposed under IEEPA exceeded the scope of the President’s authority. Both of the trial courts’ orders are currently stayed (paused) as higher courts consider appeals by the federal government. While it is true that both decisions are on appeal, the only two federal courts to consider the legality of Trump's tariffs have concluded that they are illegal. Even former Speaker of the House Paul Ryan believes that the tariffs are illegal and will be invalidated by the Supreme Court. He said Wednesday that Trump’s emergency tariff authority, which is the legal basis for Trump’s country-specific “reciprocal” tariffs that are set to go into effect Thursday, is likely to be struck down by the Supreme Court: “It’s more than likely that the Supreme Court knocks out IEEPA, the law that’s being used for these tariffs, which doesn’t have the word ‘tariff’ in it. All of Trump's tariffs, including those on semiconductors, are illegal. They are not paid by foreign countries. They are paid by US companies—like Walmart and Best Buy—that import computers manufactured outside the US. The tariffs are passed onto US consumers in the form of higher prices. Nearly all economists agree tariffs are a tax on consumers. Trump’s tariff proposals would cost middle-class U.S. households $1,700 in increased taxes each year, as projected by the nonpartisan think tank Peterson Institute for International Economics. What are you doing to maintain separation of powers and protect us from tariffs?