A Constitutional Clash: Trump's Tariffs and the Separation of Powers
A Constitutional Clash: Trump's Tariffs and the Separation of Powers  
Podcast: SCOTUS Oral Arguments and Opinions
Published On: Wed Sep 10 2025
Description: OverviewThis episode examines the Supreme Court's September 9, 2025 Order that expedited review of two consolidated cases challenging President Trump's authority to impose sweeping tariffs under the International Emergency Economic Powers Act (IEEPA), representing a constitutional clash over the separation of powers and presidential trade authority.RoadmapOpening: Explosive Constitutional QuestionsSeptember 9, 2025 certiorari grant and consolidation orderExpedited briefing schedule for November 2025 oral argumentsStakes: Presidential power to tax trillions in trade and reshape the economyBackground: The Trump Tariff OrdersReciprocal Tariffs: 10% on virtually all imports, higher rates for 57 countriesTrafficking Tariffs: Levies on Mexico, Canada, and China for drug enforcementIEEPA as claimed statutory authority for both tariff schemesNational emergency declarations underlying the ordersThe Central Legal QuestionDoes "regulate" in IEEPA include power to impose tariffs?Constitutional separation of taxing vs. regulating powersArticle I distinctions between taxation and commerce regulationHistorical significance: "No taxation without representation"Lower Court JourneyMultiple simultaneous lawsuits in different courtsDistrict court and Court of International Trade conflicting approachesFederal Circuit en banc decision striking down tariffsJudge Taranto's influential dissent supporting tariff authorityReferenced CasesTrump v. V.O.S. Selections | Case No. 24-1286 | Docket Link: HereQuestion Presented: Whether IEEPA authorizes the President to impose these specific sweeping tariffsGovernment Arguments:"Regulate" includes power to impose tariffs as lesser-included authorityHistorical practice supports broad executive trade power during emergenciesMajor questions doctrine doesn't apply in foreign policy contextsV.O.S. Arguments:Constitutional separation requires clear authorization for taxation"Regulate" and "tariff" are distinct powers with different purposesMajor questions doctrine requires explicit congressional authorizationLearning Resources v. Trump | Case No. 24-1287 | Docket Link: HereQuestion Presented: Whether IEEPA authorizes any presidential tariffs whatsoeverLearning Resources Arguments:"Regulate" means control behavior, "tariff" means raise revenue - fundamentally differentNo historical practice of IEEPA tariffs in nearly 50 yearsConstitutional avoidance: IEEPA covers exports where tariffs are prohibitedGovernment Arguments:Plain text of "regulate importation" naturally includes tariff authorityYoshida precedent shows Congress ratified tariff interpretationPresidential action deserves greater deference than agency actionKey Legal Precedents ExaminedHistorical Foundation CasesGibbons v. Ogden (1824):...