The United States Supreme Court announced that it will hear
oral arguments during the first week of November regarding the
constitutionality and legal validity of the global tariffs imposed by President
Donald Trump. These measures were based on the International Emergency Economic
Powers Act (IEEPA), a law that grants the executive branch extraordinary powers
to act in declared national emergencies.
The case is of great significance because, in practice, it
will test the boundaries between the executive and legislative branches in
matters of international trade. The US Constitution grants Congress the power
to "regulate commerce with foreign nations," but in recent decades, a
process of delegation has expanded presidential discretion in this area. Under
the Trump administration, this flexibility reached one of its most
controversial points with the application of global tariffs on steel, aluminum,
and other products, as part of his "America First" agenda and his
trade war against China.
Proponents of the measure argue that the president must have
agile tools to respond to global risks that affect national security and
economic stability. In this regard, they argue that unfair competition in
international trade, excessive subsidized imports, and strategic dependence on
certain inputs can be considered threats that enable the use of emergency
powers.
The Supreme Court's decision could have profound repercussions
for US trade policy, both retrospectively and in the future. If the court
upholds the validity of Trump's actions, it would reinforce broad presidential
discretion in this area, consolidating a decades-long trend in which the
executive branch has become the central player in international trade. If, on
the other hand, it limits or invalidates the application of tariffs under the
IEEPA, the ruling would set a precedent that would return some of the authority
it had ceded to Congress and force a redefinition of the mechanisms of
oversight over the executive branch.
The case, therefore, not only puts the Trump
administration's trade policy under scrutiny, but also reopens a broader debate
about the concentration of power in the presidential figure and the risks of
governing through permanent emergencies.

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