Like I said last night, the Trump team followed their legal due diligence in several aspects of the tariff/trade deficit reset strategy, and it did not appear the New York trade court looked at any of the supportive material from the USTR and the Dept of Commerce.
Today, a full panel of U.S. Court of Appeals for the Federal Circuit granted a “stay” and paused the lower court ruling pending full appeal outcome and possible Supreme Court intervention. [Ruling pdf Here] The President Trump trade tariffs remain in place, and the ridiculous court-ordered refunding of previously collected tariffs is set aside.
The court is suspending the lower court decision until the appeals motions are filed and reviewed. The multinational corporations have until June 5th to file their responses to the appeal, and the Trump administration has until June 9th to file their full appeal brief.
VIA CNBC – A federal appeals court on Thursday granted the Trump administration’s request to temporarily pause a lower court ruling that struck down most of President Donald Trump’s tariffs.
The Trump administration had earlier told the U.S. Court of Appeals for the Federal Circuit that it would seek “emergency relief” from the Supreme Court as soon as Friday if the tariff ruling was not quickly put on pause.
The judgment issued Wednesday night by the U.S. Court of International Trade is “temporarily stayed until further notice while this court considers the motions papers,” the appeals court said in its order.
The pause gives the Trump administration some breathing room as it prepares to argue that the trade court’s ruling should be halted for the duration of the appeals process.
The appeals court gave the plaintiffs — a group that includes state attorneys general and a handful of domestic businesses — one week to respond to the administration’s bid for a stay pending appeal. The U.S. will be able to reply to that response by June 9.
“This is merely a procedural step as the court considers the government’s request for a longer stay pending appeal,” said Jeffrey Schwab, a lawyer for the business plaintiffs, in a statement.
“We are confident the Federal Circuit will ultimately deny the government’s motion shortly thereafter, recognizing the irreparable harm these tariffs inflict on our clients,” Schwab said. (read more)
NBC is claiming the court, “barred the administration from making any future modifications to the tariffs in question.” However, I do not see that in the order. That looks like wishful thinking on behalf of the parent company who owns NBC.
Like I said last night…. Stay Calm. Be angry, but stay calm and frosty. Good, smart people are rapid firing legal analysis, supportive documents and strong ‘standing’ strategic information into the pipeline to assist.
For now, at least, the tariffs remain in place as they were before the trade court intervention.


In my opinion, a lot of this is theater for mockingbird media talking points. Lock in headlines that say “Judge rules against Trump in xxxxx“. I also note they often use exactly that, not President Trump, showing either their clear lack of respect for the office or simple lack of intelligence, or both.
I’d expect the theater to continue.
You see it even in the financial headlines.
Market down = TRUMPS TARIFFS!
Market up = anything but Trump.
Trump does the same… the market will do what it wants.
I think that it is worth the time to read Robert Malone’s latest article on how Bot Farms exist to confuse and manipulate public opinion. The title is: “PsyWar: AI Bots Manipulate Your Feelings.” https://www.malone.news/p/psywar-ai-bots-manipulate-your-feelings?utm_source=substack&utm_medium=email#media-85b648b4-0316-40fc-a719-6732d0c011d3
In this case, they want to deceive the masses into thinking that the majority do not want tariffs.
Yes & they have been doing so for at least 16 years now. Mainly Chinese & act blue.
I think that, as “judges” continue to try to usurp “Article 2 authority,” the more they dig their own hole.
Because none of them can resist “TDS,” they are going to inflict a genuine “Constitutional crisis” upon themselves. 🤡
“Like a moth to a flame …”
TRS
Trump Revelation Syndrome
Soon all will see.
To me it reeks of desperation and flop sweat.
Yes, the true front in this war is not in Ukraine, Gaza, or the Streets or Courtrooms of Gotham, its in the “Court of public opinion” and always has been.
However, I think our enemy overcalculated their superiority, in their ability to manipulate oublic opinion, and I think there is a rule of diminishing returns.
Every time they promulgate a major offensive, with a new false narrative,…they may get a short term surge, but when the passage of time, and our counter measures of loudly championing the truth cause SOME people to realise they have been lied to, and ask “What ELSE have they lied to me about?” our side gains in strength (of #’s) and their side loses.
And yet, all they REALLY have in this ultimate battlefield is the False Narrative, all we have is the truth.
And the TRUTH shall set you free!
Hence, their desperstion as they consistently lose ground.
“Like I said last night…. Stay Calm. Be angry, but stay calm and frosty. Good, smart people are rapid firing legal analysis, supportive documents and strong ‘standing’ strategic information into the pipeline to assist.”
Reminds me of the following:
“If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains rest lightly upon you, and may posterity forget that you were our countrymen!” – Samuel Adams
That’s the problem with multinational companies. They have absolutely no allegiance to the country. They literally would put half of American out of work if it meant their stock price went up 5 cents. And they wouldn’t lose one minute of sleep over it. They absolutely disgust me.
Give me liberty or give me death, freedom at all costs with no limits.
The Roberts SCOTUS should be ashamed of themselves for allowing this obvious judicial coup to continue unabated for this long!
He is definitely part of this Judicial Coup. Hopefully he will be in Gitmo soon along with these traitorous Black Robes.
“Should be” but aren’t. More likely a majority are privately smug and satisfied. I only have faith in Alito and Thomas, with a small measure of hope for Gorsuch. The others are all dismal failures. But I will be overjoyed to be proven wrong.
You are being generous to assume Roberts is still capable of shame.
lol The Roberts court should be thankful that all of this activism began before the midterms, rather than afterward. And they should pray that the Democrats return to power then because there really is no such thing as a “lame duck Trump” but only a calculating Trump who will play (relatively) nice while control of the congress is still on the line.
J
MAXIMIZE THE MANDATE
Nix the Fix
**2026**
Yessir! 🙏🏽
Sir, I have learned- after reading and absorbing your wisdom over the years – to pause…not panic… and wait for your analysis and not panic right away.
Thank you Sundance! You are my calm in the middle of the storm.
This looks like a new judge, not part of the trade court, did the same thing to stop the tariffs.
https://www.thegatewaypundit.com/2025/05/breaking-obama-judge-rules-trumps-tariffs-are-unlawful/
Does the administration have to appeal this too?
This is getting ridiculous.
https://x.com/kyledcheney/status/1928133210069688813
It’s only as to two toy companies that import a lot of foreign toys.
And yes, it should appeal this too, as it is an infringement, however small, on executive power.
Good ol’ Rudy Contreras, Peter Strzok’s buddy….. nothing to see here folks, just Swamp business as usual….
“,…this is getting rediculous.” “getting?,…GETTING?!!
Rediculous is barely visible in my rear view mirror.
Just wondering. Do our federal tax dollars pay for all this ridiculous crap? What a waste of time and money.
I’m sure they do.
Just like we paid for the Mueller nonsense, the flooding of our borders and subsequent support of those now in our borders, the J6 Fedsurrection, probably the 2020 stolen election, the pro-Hamas rabble rousers preaching to hate Israel and America.
Those are off the top of my head, there is so much more.
“the flooding of our borders”
Still hoping to see the deep DOGE dive on the United Nations spending.
And all NGO’s, full stop. We have to cut off all the blasted NGO’s and the UN.
No Good Outfits
Also the plandemic.
Clearly the goal has always been to bankrupt the nation so in many eyes this is treasonous behavior not only due to the substance but also the costs. Cloward Piven I hate to use that term.
Yes. To the tune of MILLIONS of dollars. The retainer fees alone for a veritable army of shark attorneys are unbelievable. Then there are filing fees, court costs, travel expenses, per diem expenses…
I like Trumps method to the madness. He is just piling it on the courts (and Roberts in particular). He isn’t stopping and slinking off with tail between legs. He is overloading the courts (and Roberts) until they become caricatures of themselves. Basically becoming laughing stocks and so obvious the judicial overreach. I’m sure Roberts wishes Trump would just stop….but Trump isn’t. He is forcing Roberts to play the game. Some judicial TROs are ridiculous to even the most lefty of observers. Roberts is looking continually silly.
Exactly. Trump will keep appealing, and appealing until SCOTUS lays down some basic law on the scope of executive power. And from Trump v. US, the presidential immunity case, it does appear that a majority of them are are able to see beyond the Trump years, and issue a ruling that will apply to many future presidents. Roberts does dislike Trump, but he loves “institutions” more.
looking continually corrupt.
Suspending Habeus Corpus coming soon.
Unless SCOTUS wises up, no doubt
And I suspect the FBI deciding to investigate the Dobbs leak is a message to Roberts. It won’t look good at all jf the FBI discloses that Roberts didn’t really investigate the leak because his own counsel (Sheldon Snook) was involved in the leak.
I thought that was the message in the Dobbs investigation news release.
“So, Roberts, how about some rulings on executive power, rulings that would define executive power not only for Trump, but for future presidents who might be more to your liking? Wouldn’t want to curtail the power of a “nice” future executive, now would we? Executive powers need to be pretty broad in an uncertain and changing world, right?”
Ed Martin’s investigators are going to be all over the building with tech support to review computers to see who leaked a confidential document. Martin can’t convene a grand jury on his own, but I doubt he’d want to given, the grand jury would be overseen by the Chief Judge of the DC District Court…Boasberg. Still, FBI investigators can make quite an impression on their own, whether they’re interviewing present or past SCOTUS employees.
Or he was.
That’s such a great point, Brant! As I read your post it occurred to me that President Trump just might be borrowing certain tactics from people like Richard Cloward, Frances Piven and Saul Alinsky. Imagine that! Using the Marxist playbook against the Marxists and their cohorts in the UniParty!
If true, it’s a brilliant strategy by President Trump. Thank you Brant for making the point!
So true! He is making them reveal themselves and it’s not a good look at all.
He told them during many a rally…and God knows I heard almost all those rallies almost all, me and my buddy Maquis….!
PDJT told them exactly what he was going to do.
And he is doing it and this is no surprise to the judiciary.
Rally Tomorrow!
🤩
Reminds me of the days when a kid got caught smoking. “oh you wanna smoke”? Sit down and finish the pack.
It was effective back then, but now would be considered child abuse either in the forced smoking or in the restriction of…
…silly AND TREASONOUS!!
𝐖𝐡𝐢𝐭𝐞 𝐇𝐨𝐮𝐬𝐞 𝐄𝐜𝐨𝐧𝐨𝐦𝐢𝐜 𝐀𝐝𝐯𝐢𝐬𝐨𝐫 𝐊𝐞𝐯𝐢𝐧 𝐇𝐚𝐬𝐬𝐞𝐭𝐭 𝐬𝐚𝐲𝐬 𝐡𝐞 𝐢𝐬 “𝐜𝐨𝐧𝐟𝐢𝐝𝐞𝐧𝐭” 𝐢𝐧 𝐭𝐡𝐞 𝐚𝐩𝐩𝐞𝐚𝐥 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐓𝐫𝐚𝐝𝐞’𝐬 𝐫𝐮𝐥𝐢𝐧𝐠 𝐨𝐧 “𝐫𝐞𝐜𝐢𝐩𝐫𝐨𝐜𝐚𝐥 𝐭𝐚𝐫𝐢𝐟𝐟𝐬”
https://www.msn.com/en-us/politics/government/trump-advisor-hassett-is-confident-tariffs-will-prevail-despite-judges-ruling/ar-AA1FIt2A
Let us continue to pray for the Trump legal team to win this battle of wits and crush the satanic attack on justice and truth.
Definitely PRAY!
The LORD’s PRAYER is always appropriate!
BLESSINGS
ABUNDANT BLESSINGS
The president’s power should not turn on whether his tariffs have a negative effect on particular companies because of the business models they have at a particular point in time. Business models come and go, and the president’s power waxes and wanes with them?
His power is derived from the International Emergency Economic Powers Act, in which Congress delegated parts of its tariff power to the president. Other presidents have used in the past against economic “threats, ” some of which were likely less threatening than the current world situation.
The president just has to find an unusual and extraordinary threat outside the US, according to the Act, and he can regulate imports.
If you can sue because a tariff has an effect you don’t like on your business, why can you not sue the IRS if a tax policy leaves you at a disadvantage?
Exactly Rule By Mob Whimsey
Those types of suits are filed all the time in the tax court: that IRS exceeded its authority under title 26.
That’s tough. For years I’ve been in shock and awe over the extraordinary threats within. Media says “Look there!” “Look further over there!” but my brain is overwhelmed by the Colossus in front of me.
Excellent analysis
The leftists clown ‘judges’ need to be stopped – while it’s comforting to see this ruling, we all know they will keep trying to stop the President’s (and our) agenda. There must be some way charges can be filed against them. Give them taste of their own medicine!
If you ask me I think that they, the communist judges, are the extraordinary threats.
Any normal neutral person would think by now the Supreme Court would be freaking embarrassed at how inept they appear to the average citizen.
We are just normal people and even we see SCOTUS intentionally is trying keep their head buried in the sand. John Roberts were talking to you. You would think by now he’d be embarrassed.
I don’t think they are burying their heads in the sand, I think they support what the judges are doing. Amy Coney Barret said as much recently; they are doing what we want them to do (regarding the judges). I hope the FBI investigation about the Dodd leak leads right back to Roberts and he is finally forced to resign…
Congress delegated significant tariff-related powers to the executive branch (the President) through legislation, such as the Trade Act of 1974 and the Tariff Act of 1930.
These laws allow the President to impose or adjust tariffs under specific circumstances, like national security (e.g., Section 232 of the Trade Expansion Act of 1962) OR TRADE NEGOTIATIONS.
While Congress retains the ultimate authority to regulate foreign commerce and can override or modify these delegations, it is NOT within the Judiciary’s purview to constrain the authority granted by Congress to the President.
In other words a judge is not the one who determines if it is a national emergency.
Same with immigration, as the Supreme Court itself has asserted in at least three rulings.
The Corp State struck down.
Rudolph Contreras, Peter Strzok’s old buddy, emerges again against President Trump.
BREAKING: Obama Judge Rules Trump’s Tariffs Are Unlawful
A federal judge on Thursday issued a preliminary injunction and ruled President Trump’s tariffs are unlawful under the International Emergency Economic Powers Act (IEEPA).
US District Judge Rudolph Contreras, an Obama appointee said Trump’s tariffs are “unlawful.”
https://www.thegatewaypundit.com/2025/05/breaking-obama-judge-rules-trumps-tariffs-are-unlawful/
_______________________________________________________________________________________________
Strzok-Page texts reveal personal relationship between FBI official and judge recused from Flynn case
https://www.foxnews.com/politics/strzok-page-texts-reveal-personal-relationship-between-fbi-official-and-judge-recused-from-flynn-case
The federal judge who presided over former National Security Adviser Michael Flynn’s case last year before mysteriously being recused had a personal relationship with anti-Trump FBI official Peter Strzok, according to text mesages obtained and reviewed by Fox News.
The revelations about U.S. District Court Judge Rudolph Contreras are found in a new batch of text messages between Strzok and his FBI paramour, Lisa Page.
Contreras was appointed to the Foreign Intelligence Surveillance Court (FISC) in 2016, a topic of conversation between Strzok and Page.
“Rudy is on the FISC! Did you know that?” Page texted Strzok on July 25, 2016. “Just appointed two months ago.”
“I did,” Strzok replied. “We talked about it before and after. I need to get together with him.”
This is the ruling that applies to the two toy companies. If you choose to import toys, you can use that choice to stop tariffs that hurt your business. Your business model controls presidential power.
Yes, that’s basically the judge’s “logic.”
No weapon formed against you shall prosper,
And every tongue which rises against you in judgment
You shall condemn.
This is the heritage of the servants of the Lord,
And their righteousness is from Me,”
Says the Lord
Isaiah 54:17
It looks to me that there is a treasonous conspiracy in the judiciary to obstruct Trumps operation of the government. Perhaps these judges should be investigated.
The conspiracy goes deeper than the current situation. Obama initiated “fundamental change” and appointed as many ideologically aligned judges and bureaucrats as possible. This is how they can rule as if there is a coordinated effort without actually coordinating anything. The only way to stop them is to go after other aspects of the ideology such as operating corruptly and being so entitled to living above the law that they do it blatantly. Example: Hannah Dugan brazenly assisting illegal evade arrest or Leticia James multiple instances of mortgage fraud.
Even if we get rid of USAID slush fund for these corruptocrats, we will still have a “tough row to hoe.”
They think we will give up once they get rid of POTUS Trump.. They don’t realize that we kept working at it during the hijacked interim White House resident.
Of course the tariffs remain. I would think, since TRILLIONS are at stake, the opponent would be smarter than a 5th grader.
Funny how even the MOST leftist of the lefty Federal judges will usually suspend their rulings for a least a few days, when they know that the judgment is likely to be appealed, when the impact of such a ruling could have a widespread, damaging impact to those effected one way or the other.
These trade judges? NOOooo way. Immediate effect, immediate impact, maximum publicity around the world, whipsawing the markets, because … they’re all about the political moment, their ego, and their reputation in the leftist world. Not about the law (much less, the US Constitution, which most think should be repealed, abolished, rewritten by wokesters, etc).
“If, for instance, the president is required to do any act, he is not only authorized, but required, to decide for himself, whether, consistently with his constitutional duties, he can do the act.”
—Joseph Story (1833)
🚨 JUST IN: Scott Bessent FLAMES judges for getting involved and trying to strike down Trump’s tariffs.
He spells it out perfectly.
“It seems highly inappropriate for the judiciary to weigh in here when the Senate had the opportunity to override the president and didn’t.”
“So, in terms of separation of powers, the Senate has chosen not to exercise their powers, and the president absolutely has the right to set the trade agenda for the U.S.”
Think of a New York globalist oligarch. He needed the market to jump so he could sell some holdings for a good profit. Throw a few thousand dollars at these crooked judges and get them to pronounce their impotent little ruling, cause the market to jump, sell-sell-sell, and collect millions in profits.
Which oligarch was it?
NSA knows but will not likely divulge.
I have been in court with several of these judges at this very court. You can’t count on what they will do. But they are not afraid to weild their power.
The refund of tariffs paid is not so rediculous. My small business is one of many you never hear about who had purchased specialty machinery from Germany because there aren’t any U.S. producers to buy them from. We negotiated contracts with our clients many months ago, before any tariffs were in place. When the equipment was arrived at the port, we had to pay a 10% import tax, but our buyers didn’t have to pay the tax because the price was fixed under a contract agreed to before the import tax was imposed. We are caught in the crossfire so to speak and it is fair to refund our tax.
I have been before the Federal Circuit judges several times. This order is pretty routine for them in connection with anyone seeking an administrative stay pending the resolution of the motion to stay, and the appeal itself. You can’t read anything into it on substance. They will happily give the admin stay but then reject the Rule 8 stay. The judges tend to be smarter on average (Biden appointees mixed; Cunningham was never perceived as a brilliant legal mind but has a chem engineering degree, and came out of connected clerkships and law firms in the field (Kirkland and Perkins Coie) and added black/female “diversity” while Stark was a top Delaware district court judge who is extremely smart and no-nonsense). Most of their appellate docket is patent cases, but they get ITC, tax, and Veteran’s appeals; the ITC angle is why it goes to them. It will, however, be interesting if there is a close split on either the panel/court with Judge Pauline Newman not participating. She and Chief Judge Moore have been involved in a long-running spat over Newman’s ability to serve, with Moore arguing incapacity, and Newman saying she is totally fine. (Newman has always been extremely arrogant; so is Moore; but that court has been Newman’s life, she was on it when it came into being in 1982). Lawsuits on Newman’s removal have been pending, etc. Hot mess. Nevertheless, I suspect that on the whole the Fed. Cir. will be looking for clear tests to apply, and follow precedent, at least more than most, so not the worst place for Trump to be, all things considered.
The bit about NBC claiming the order barred future chages in the tariffs is a misreading.
That passage refers to yesterday’s order by the CIT, not today’s stay.
Don’t know how the president’s legal team pulled off having 2 R’s vs 1 D on the 3-Judge panel to stay the ruling but good for them. Then again we have seen the “random” selection process “allow” a minor early victory by having 2 R’s vs 1 D, only to have the final ruling go the other way.
The Federal Circuit Court of Appeals is stacked AGAINST President Trump’s Team.
Chief Justice Roberts supervises this court.
There are 12 ACTIVE Judges:
2 BIDEN
5 OBAMA
1 CLINTON
1 REAGAN
3 Bush I + Bush II
There are currently 7 x “Part Time” Senior Judges who could also be assigned to the case.
2 CLINTON
1 OBAMA
1 REAGAN
3 BUSH I
Note: the 3-Judge Federal District Panel included a Republican “Part time” Senior Judge who tipped the balance, to stay the original ruling by the democrat dominated 3-Judge Panel of the CIT.
It will depend on the Roulette Wheel of fate as to the balance of the make-up of the final hearing before the Federal Circuit.
The next step from this court is Supreme Court, unless Chief Justice Roberts exercises his supervisory authority to force the case BACK to the Court of International Trade for “THE EXERCISE OF THE FULL PROCESS”, having the ENTIRE Panel of the Court of International Trade Rule before the entire Federal District Court hears the case.
Reminder: The composition of the Court of International Trade:
4 OBAMA
2 BIDEN
3 TRUMP
There is allot of money and power riding on this case so the Financial Puppet Masters WILL make their “preferences” known to the Judges involved, especially Chief Justice Roberts who supervises BOTH Courts.
Interstingly there was a ruling today by SCOTUS a rare unamious decision
8-0 reigning in judges who rule crazy stuff over environment and climate change
to the effect they can;t ask or rule for things or reports or such that have noithing to
do with the actual case at hand.. they have to give the agency leeway withing reasonable
boundaries.. Like they can;t ask for climate reports for impacts on things that have
nothing to do witht the actual project at hand. that delays projects.
So maybe this is a precursor to thier ruling on these crazy judges Trump asked
them to rule on.
This is a nothing burger, feel good ruling to make the Supreme Court “look good” …. that in fact even benefits their Financial Puppet Masters.
Yep sure is a nice win but the objective of the case had zero to do with negatively impacting power and money of the Puppet Masters. As stated above, it’s actually a financial win for them.
MAGA Wolverines!!!
I have seen a list of the states Attorney Generals who brought this case, but I have NOT SEEN A LIST OF “the handful of domestic businesses” WHO DID!
I want a list of every one of these companies! I will boycott them, and we all need to! Give us a list! They need to pay for what they are doing!
A quite germane piece written at the start of April…covering how the head of the executive was given the power to use tariffs, what the Supreme Court precedence says, and the specifics of the laws which grant him said power.
https://constitutioncenter.org/blog/how-congress-delegates-its-tariff-powers-to-the-president
Going to do put the majority of the piece here due to the importance of the subject and to enable highlighting bits and (embedding comments). The article was written on April 2, 2025 by Scott Bomboy.
Over time, as Congress gave the president expanded powers on its behalf to enact tariff policies, opponents to several tariffs laws argued the statutes were an unconstitutional congressional delegation of authority to the president. Known as the non-delegation doctrine, the question of how much of its authority Congress can grant to the president and the judiciary goes back to the time of Chief Justice John Marshall.
In Wayman v. Southard (1825), Marshall noted that Congress could not delegate powers “that are strictly and exclusively legislative.” But Congress had the ability to grant other powers as needed.
“The difference between the departments undoubtedly is that the legislature makes, the executive executes, and the judiciary construes the law; but the maker of the law may commit something to the discretion of the other departments, and the precise boundary of this power is a subject of delicate and difficult inquiry, into which a court will not enter unnecessarily,” Marshall concluded.
The Court defined these boundaries regarding tariffs in a landmark decision from 1892, Field v. Clark. Marshall Field & Co. objected to tariffs placed on sugar, molasses, coffee, tea, and hides under the Tariff Act of 1890, which directed the president to place such levies when other nations used tariffs the president “may deem to be reciprocally unequal and unreasonable.” Marshall Field claimed Congress had improperly granted legislative powers to the president.
In his majority opinion, Justice John Marshall Harlan said the president was acting in his executive role executing a congressional policy. “What the president was required to do was simply in execution of the act of Congress. It was not the making of law. He was the mere agent of the lawmaking department to ascertain and declare the event upon which its expressed will was to take effect.”
Congress increasingly took a less active role in levying tariffs directly, especially after the 16th Amendment’s ratification in 1913 led to a federal income tax that replaced tariffs as a main source of federal government revenue. In 1934, Congress passed the Reciprocal Trade Agreements Act, which gave President Franklin Roosevelt the ability to change tariffs rates by 50% and negotiate bilateral trade agreements without additional approval from Congress.
Since then, the president has mostly controlled and executed tariffs policies as defined by Congress.
Laws That Allow the President to Impose Tariffs
——————————————
According to the Congressional Research Service, there are six statutory provisions currently in place that control how the president and the executive branch can use tariffs. Three provisions require federal agency investigations before a tariff can be imposed. The other provisions do not require an investigation before actions are taken.
Section 232 of the Trade Expansion Act of 1962 has been used by the first and second Trump administrations for steel and aluminum imports. It authorizes the president to ask the Secretary of Commerce to determine if goods are being imported in manner that threatens national security (remember the deference SCOTUS gives to the executive branch regarding national security matters). The secretary then reports back to the president if he has any affirmative findings. “Section 232 does not require the President to follow the Secretary’s recommendations but permits him to take alternative actions or no action,” the CRS says. Under Section 232, there is no maximum time limit on the president’s tariff actions.
Another provision that requires an investigation is Section 201 of the Trade Act of 1974. The act allows the president to impose tariffs if the U.S. International Trade Commission (ITC) finds that an import surge is threatening a U.S. domestic industry. If the ITC makes an affirmative determination, the president can take action accordingly, including placing tariffs. Tariffs imposed under Section 201 are not meant to be permanent, and the actions have a limit of four to eight years.
Section 301 of the Trade Act of 1974 allows the United States Trade Representative (USTR) to authorize tariffs on foreign countries that restrict U.S. commerce in “unjustifiable,” “unreasonable,” or “discriminatory” ways (that would be the EU and China among others). If the USTR confirms such behavior after an investigation, the president has the discretion to allow the USTR to impose tariffs for at least four years.
Among the three provisions that allow the president to act on his own to impose tariffs without an investigation, only one has ever been used: the International Emergency Economic Powers Act of 1977. The act allows the president to declare an emergency under the National Emergency Act (NEA) and then use his extensive economic powers to regulate or prohibit imports.
The CRS says that President Trump was the first chief executive to use this act in February 2025, when he announced tariffs on Canada, China, and Mexico. The emergency stated by the president can be terminated at this request, or by a joint resolution of Congress (with Congress having ‘veto’ power, it effectively cuts the legs from any argument about Congress).
Section 122 of the Trade Act of 1974, which allows the president to enact temporary tariffs to address “large and serious United States balance-of-payments deficits” or certain other situations that present “fundamental international payments problems;
and
Section 338 of Tariff Act of 1930, which authorizes the president to enact “tariffs on articles produced by, or imported on the vessels of, foreign countries that discriminate against U.S. commerce in certain ways,” have not yet been used.
Ultimately, Congress can limit or expand the presidential tariffs powers through legislation, but the CRS concludes that based on precedents dating back to the time of Chief Justice Marshall, judicial precedent “has given the President broad latitude to exercise his tariff authorities.”
Ludecke v. Watkins, 335 U.S. 160 (1948):
Accordingly, we hold that full responsibility for the just exercise of this great power may validly be left where the Congress has constitutionally placed it — on the President of the United States. The Founders, in their wisdom, made him not only the Commander in Chief, but also the guiding organ in the conduct of our foreign affairs. He who was entrusted with such vast powers in relation to the outside world was also entrusted by Congress, almost throughout the whole life of the nation, with the disposition of alien enemies during a state of war. Such a page of history is worth more than a volume of rhetoric.
Checks and balances, and I wonder: The president (executive) checks the legislature (Congress) through its veto power. The judiciary (courts) check the executive (president) through its legal/ruling system. But who actually checks the judiciary? Lower courts are checked by higher courts. Higher courts are checked by SCOTUS. It seems they are checking themselves…????
Impeach by Congress is the extremely weak check on the judiciary – so basically nothing.
The Constitution is supposed to be the main check, but as has been observed repeatedly, the Constitution is something to be ignore or twisted beyond recognition when it comes to the corrupt judicial branch. Its corruption isn’t new either – witness the historical, ongoing rampage of the commerce clause…
Tik toc goes the clock as President Trump’s second term is being tied up in one court after another. The communists, I refuse to call them democrats, are hoping that the CHEAT/COUP can be performed once again in November 2026 and Trump will be a lame duck facing impeachment for 40th time. Yea yea, 40th time is an overstatement to make a point.
A disgrace that the Illinois government is one of the plaintiffs. Illinois needs to get its act together and focus on bringing back and new private sector industries, lowering taxes, have election integrity, remove the Safety Act(it is pro criminal rights) and stop being a sanctuary state!
Good news!