Volume 101

Eric R. Bolinder

This Article examines the constitutional validity of President Donald J. Trump’s 2025 imposition of tariffs under the International Emergency Economic Powers Act (IEEPA). It argues that the President’s unilateral use of the IEEPA to impose across-the-board tariffs represents an unprecedented and unconstitutional assumption of legislative authority, violating core separation of powers principles. The analysis traces the historical and constitutional roots of the tariff power, emphasizing its placement in the Constitution as a revenue-raising tool vested exclusively in Article I. Drawing on historical practice, statutory interpretation, and key judicial precedents, the Article contends that while some delegation of tariff power to the President is appropriate, Congress must move first, setting specific strictures for the President. President Trump’s tariff actions fail to meet this standard, and the Supreme Court should invalidate the tariffs under the nondelegation doctrine, the major questions doctrine, or on ultra vires grounds. The Article concludes that, unless constrained, this use of emergency economic powers threatens to dismantle the structural safeguards of American constitutional governance.

Full article available here.