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The Conversation
David Smith, Associate Professor in American Politics and Foreign Policy, US Studies Centre, University of Sydney

A Supreme Court showdown looms for Trump’s tariffs. Will it limit presidential power?

On November 5 the US Supreme Court will begin hearing arguments about the legality of President Donald Trump’s tariffs. As important as the tariff issue is, the stakes are much higher than that.

Trump has been claiming vast powers, at the expense of other branches of government, on the grounds of various “emergencies”. He has used these claims to justify sending troops to US cities and deporting non-citizens without due process under a law dating from 1798.

Trump imposed sweeping global tariffs under the auspices of the International Emergency Economic Powers Act (IEEPA) of 1977. Most legal experts agree, and so far three lower courts have ruled, that this act gives him no such power.

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