Planet Money: Are Trump's Tariffs Legal? Released June 11, 2025

Introduction In this compelling episode of Planet Money, NPR host Willa Rubin delves into the intricate legal battle surrounding former President Donald Trump's imposition of tariffs. Centered around the experiences of Susan Weber, a state senator from Montana and a member of the Blackfeet Nation, the episode unpacks the constitutional debates and legal challenges that question the legitimacy of these tariffs.

Susan Weber and the Impact of Tariffs Susan Weber, deeply rooted in her Montana community and the Blackfeet Indian Reservation, provides a personal lens through which listeners understand the tangible effects of Trump's tariffs. From [02:16] onwards, Weber narrates how the 25% tariffs on Canadian goods disrupted local businesses:

Susan Weber [02:16]: "When President Donald Trump basically started a trade war with Canada, put a 25% tariff on lots of Canadian goods coming into the U.S., now Susan is..."

She recounts stories of businesses suffering—campgrounds losing Canadian tourists and farmers seeing orders vanish. A particularly striking example is a rancher who, after paying a $300 tariff for a tractor part, underscores the precariousness faced by those living on the economic margins:

Jeff Kuo [02:45]: "My community people live on the margins. Are you going to be able to pay your light bill this week?"

Legal Foundations of Tariffs The episode transitions into the legal framework governing tariffs, featuring insights from Kathleen Claussen, a Georgetown law professor specializing in trade. Starting at [07:24], Claussen elucidates the constitutional authority over tariffs:

Kathleen Claussen [07:31]: "The fundamental thing to understand about tariffs is that in the United States, tariffs are actually the responsibility of Congress."

She references Article 1, Section 8 of the Constitution, which grants Congress the power to regulate commerce and impose tariffs. However, during Trump's administration, older statutes from the Cold War era were revived to grant the President limited tariff-imposing powers under specific circumstances ([08:24]).

Trump's Use of IEEPA A pivotal moment in the episode occurs at [13:38], when Rubin introduces the International Emergency Economic Powers Act (IEEPA). Claussen explains that IEEPA was traditionally a tool for sanctions, not for imposing broad tariffs:

Susan Weber [16:53]: "Congress passed IPA in 1977. It's a tool to help US presidents respond to international crises."

Trump's administration's innovative and unprecedented use of IEEPA to justify sweeping tariffs on multiple countries stunned trade lawyers and policymakers alike. This reinterpretation bypassed the conventional three-digit statutes like Section 301 and Section 232, which were not designed for large-scale, immediate tariff implementations ([13:42]).

Legal Challenges and Constitutional Debate Susan Weber spearheads one of the first lawsuits challenging these tariffs, arguing that Trump's invocation of IEEPA oversteps constitutional boundaries. At [07:09], the discussion emphasizes the core of the legal contention:

Willa Rubin [07:09]: "At the heart of the lawsuit and all of the lawsuits challenging the tariffs, there's a pretty simple idea, a basic fact about the Constitution."

The plaintiffs present three main arguments:

1. Definition of Emergency: The declared emergencies—illegal immigration and the fentanyl crisis—do not meet the "unusual and extraordinary" threat criteria stipulated by IEEPA ([19:14]).
2. Scope of IEEPA: IEEPA was not intended for imposing tariffs, as it historically served sanctions purposes. The broad interpretation to include tariffs is contested ([21:24]).
3. Constitutional Power Allocation: The Supreme Court may view the delegation of tariff authority to the President as a fundamental overreach, violating the Constitution's allocation of powers to Congress ([23:58]).

Claussen notes the difficulty plaintiffs face, as courts often grant presidents substantial leeway on national security matters:

Kathleen Claussen [20:34]: "The courts tend to give presidents a lot of leeway."

Court Rulings and Future Implications By [27:14], the episode reports significant court decisions that hinder Trump's tariff implementations:

Susan Weber [27:14]: "On May 28, the Court of International Trade in New York declared that IPA does not authorize the President to make these big sweeping tariffs, and the court ordered the administration to stop collecting on them."

These rulings necessitate the Trump administration to potentially revert to the slower, established tariff procedures under the three-digit statutes. While appeals may prolong the uncertainty, the immediate impact signifies a judicial pushback against executive overreach.

Conclusion Planet Money masterfully navigates the complex intersection of economics, law, and politics, using Susan Weber's advocacy to highlight broader constitutional debates. The episode underscores the fragile balance of power between Congress and the Presidency, especially in the realm of international trade. As legal battles unfold, the outcome will not only determine the fate of Trump's tariffs but also set precedents for future executive actions in trade policy.

Notable Quotes with Timestamps:

• Susan Weber [02:45]: "My community people live on the margins. Are you going to be able to pay your light bill this week?"
• Kathleen Claussen [07:31]: "The fundamental thing to understand about tariffs is that in the United States, tariffs are actually the responsibility of Congress."
• Susan Weber [16:53]: "Congress passed IPA in 1977. It's a tool to help US presidents respond to international crises."
• Jeff Kuo [02:45]: "My community people live on the margins. Are you going to be able to pay your light bill this week?"
• Kathleen Claussen [20:34]: "The courts tend to give presidents a lot of leeway."
• Susan Weber [27:14]: "On May 28, the Court of International Trade in New York declared that IPA does not authorize the President to make these big sweeping tariffs, and the court ordered the administration to stop collecting on them."

Credits This episode was produced by Sam Yellowhorse Kessler, edited by Josh Zhang, with fact-checking by Ciera Juarez, and engineering by Harry Paul, assisted by Gilly Moon. Executive Producer Alex Goldmark guided the production. Special thanks are due to Andy Morris, Emily Ley, Rebecca Melsky, Josh Robbins, Eva St. Clair, Jonathan St. Ghidor, and Monica Tranell.

For more insights into how tariffs and trade impact the economy, explore our recent episodes linked in the show notes.