U.S. Tariffs Blocked: Can Judiciary Prevent The President from Abusing Power?

Editorial

15:00 JST, May 31, 2025

Whether the principle of checks and balances, which has been in place since the founding of the United States to prevent a president from abusing their power, still functions properly is being tested. The tariff policy of the administration of U.S. President Donald Trump has created a situation in which the future of U.S. democracy is in question.

The U.S. Court of International Trade ruled that the Trump administration’s “reciprocal tariffs” imposed on countries and regions around the world and other measures are illegal and invalid and ordered a permanent injunction.

The ruling said the Constitution in principle gives Congress the power to lay and collect taxes and other such matters. As to the International Emergency Economic Powers Act (IEEPA), which the administration cited as grounds for imposing Trump’s tariffs, the court argued the law does not confer on the president such unbound authority.

The U.S. Court of Appeals for the Federal Circuit, which serves as the court of second instance, suspended the enforcement of the lower court ruling, and a thorough review of the appropriateness of the tariffs will be carried out.

The case will likely be brought to the Supreme Court. Although the tariffs issue will likely see a lot of twists and turns, there is no doubt that this ruling has dealt a blow to the Trump administration’s signature policy.

The lawsuit was filed by small and medium-sized U.S. companies and 12 states, including New York and Arizona. This shows that dissatisfaction with the tariff policy is growing not only overseas but also within the United States. Shouldn’t Trump face the criticism head-on and reconsider the tariff policy?

In the United States, authority over tariffs and trade is primarily vested in Congress, while certain powers are delegated to the president through various laws.

The IEEPA was enacted in 1977. In cases in which there is an “unusual and extraordinary threat” to national security, foreign policy or the economy of the United States, the president can impose restrictions on imports and exports without prior examination after declaring a state of national emergency.

Previously, the IEEPA has been mainly applied to economic sanctions against countries such as North Korea and Iran. The Trump administration was the first to impose tariffs under the law. The administration argues that the massive trade deficit poses a threat to national security. However, as the latest ruling shows, doubts about the validity of such an argument for the tariffs remain strong.

Since its founding, the United States has thoroughly upheld the separation of powers among the judicial, legislative and executive branches as the foundation of democracy. This system in which the three powers keep each other in check has prevented the emergence of authoritarian rule and protected the freedom and rights of the people.

However, with both the House of Representatives and the Senate being controlled by the Republican Party, which has become increasingly Trump’s party, the checks and balances are not functioning as they should. Amid growing concerns over Trump abusing his power, the ruling demonstrates that the judiciary can serve as a check on that power to a certain degree.

If the court ultimately rules that the reciprocal tariffs are illegal, they will lose their efficacy. This could also influence the negotiation strategies of other countries. The Japanese government must carefully analyze the details of the ruling and future developments.

(From The Yomiuri Shimbun, May 31, 2025)