Can the President Declare a Trade ‘Emergency’? On the Supreme Court’s Tariff Case

Richard Epstein delves into one of the most consequential Constitutional questions of our time: can the president unilaterally impose tariffs under emergency powers? With the Supreme Court set to review Donald Trump’s use of the International Emergency Economic Powers Act (IEPA) to levy trade barriers, Epstein explains what the Constitution actually says about tariffs, how far Congress can delegate its authority, and why the doctrine of the “unitary executive” could reshape the balance between the legislative and executive branches. From Article I to Justice Taft’s 1928 tariff case, the discussion traces the fine line between lawful delegation and unconstitutional abdication—and what’s at stake for trade, separation of powers, and presidential authority.

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Can the President Declare a Trade ‘Emergency’? On the Supreme Court’s Tariff Case is an episode from Libertarian by The Civitas Institute at the University of Texas at Austin.

This episode is 27:42 long.

This episode was published on Oct 31, 2025.

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