US Supreme Court to decide legality of
Trump's tariffs

Honestly, why would I click on an article from Reuters? I think I will wait for an honest source.

Not in their pervue. Separated powers.

The real question is whether the President has the authority to declare WHAT and WHEN is an emergency. Because if he does, then he clearly has the authority to do what he is doing.

Pay wall.

Re: #2 - The same document that established our government and its separation of powers, our Constitution, gave the power to lay and collect tariffs only to Congress, in Article 1, Sec. 8, enumerated Powers of the Legislative Branch: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises (all synonyms of tariff in the English language), to pay the Debts and provide for the common Defence and general Welfare of the United States" Since the Great Depression, Congress has passed legislation that delegates some tariff authority to the president. The Reciprocal Trade Agreements Act of 1934, allows the president to negotiate trade agreements without separate congressional approval each time. Later acts, such as the Trade Expansion Act of 1962 and the Trade Act of 1974, further evolved this delegated authority. These allowed the president to act on national security concerns through tariffs or respond to unfair foreign trade practices; however, this delegation is not unchecked. For instance, Section 232 of the 1962 Act enables the president to impose tariffs if imports threaten national security, but this is bounded by specific findings and processes. The Supreme Court has emphasized that any delegation of power must include an “intelligible principle” to direct and limit the President’s use of this authority. While the president can negotiate and respond to immediate threats, the imposition of generalized tariffs still requires congressional approval, reinforcing the separation of powers fundamental to our constitutional republic. At no time has Congress or the Supreme Court gone along with a president seeking unfettered powers, not granted by the Constitution. IN fact, for most of our country's existence, the non-delegation doctrine, has held that Constitutionally-specific powers granted to a particular branch of government cannot be delegated. Not that he would ever be inclined to share his Article II powers, but what Trump is arguing would be the same as him deciding to sign an executive order to delegate his Commander in Chief powers to AOC or Jasmine Crockett. As far as matters of law or statutes passed to become law, the Constitution provided implicit standing to the Supreme Court, the only court actually recognized in the Constitution, to conduct Judicial Review of a law's constitutionality. Just to be sure, Congress passed the Judiciary Act of 1789, which recognized the original jurisdiction of the Supreme Court in matters of law. How they will rule on tariffs in 2025, is anyone's guess but they have it to do. Trump might actually be the most adept tariff expert in the country but no president should ever be above our Constitution. It is also no coincidence that the president's oath is to the Constitution.

It's ironic that people would use a separation of powers argument to justify what President Trump is doing with respect to tariffs. As #5 correctly points out, the Constitution explicitly assign the power to tax and set tariffs to Congress, not the President. Congress has, dubiously in my opinion, delegated some of its constitutional authority and responsibility for tariffs to the President over the years. However, the authority that the President is claiming to raise and lower tariffs was clearly delegated, as #3 correctly says, to be used in the event of emergencies. If any country running an unwelcome trade surplus with the United States constitutes an emergency, then the authority that Trump is currently using becomes effectively limitless. And Separation of Powers is effectively vitiated. By and large, I like what President Trump is doing. In this instance I don't like how he's doing it at all. In the old days, presidents used to work with Congress to pass trade and tariff legislation in under the framework that the constitution. established. Executive Orders, informal letters, and ad hoc proclamations, just don't cut it.