Restore constitutional checks on presidential trade power
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The Trump administration's sweeping tariffs imposed under the guise of national economic emergencies appear to be on shaky legal ground. These tariffs, which have disrupted international trade and burdened American consumers and businesses, stem from an overreach of executive power that undermines the constitutional separation of powers. The Constitution grants Congress, not the president, the authority to regulate interstate commerce and impose tariffs. While Congress has periodically delegated some trade-related powers to the executive branch, the International Emergency Economic Powers Act (IEEPA) does not provide the unbridled tariff authority claimed by the administration. As the U.S. Court of International Trade rightly ruled, the IEEPA was not intended to delegate an unbounded tariff power to the president. A structural trade imbalance or deficit does not constitute the "unusual and extraordinary threat" required to invoke the IEEPA's economic emergency provisions. The administration's attempt to redefine chronic trade issues as national emergencies is an alarming circumvention of constitutional constraints. If allowed to stand, it would enable any president to unilaterally restructure domestic economic policy through sweeping tariffs, usurping Congress's lawmaking role. The courts must uphold the Constitution's checks and balances by rejecting this administration's distortion of the IEEPA and its disregard for the separation of powers. The imposition of broad tariffs without legislative approval represents an encroachment on congressional authority that jeopardizes the foundations of American democracy.