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Trump’s supporters should be careful what they wish for

At stake in this case is nothing less than effectively modifying the Constitution to grant vast unilateral powers over the economy to the executive branch

    • Congress has been effectively powerless in the face of an emergency declaration since the Supreme Court banned the legislative veto, as it now requires veto-proof majorities in both the House and the Senate to override the president’s determination.
    • Congress has been effectively powerless in the face of an emergency declaration since the Supreme Court banned the legislative veto, as it now requires veto-proof majorities in both the House and the Senate to override the president’s determination. PHOTO: REUTERS
    Published Tue, Nov 4, 2025 · 11:23 AM

    ON NOV 5, the US Supreme Court will hear oral arguments in a case challenging President Donald Trump’s “reciprocal tariffs”. As we have argued in an amicus brief signed by dozens of economists representing a wide range of ideological, partisan and professional backgrounds, the court should side with the lower courts and declare the tariffs unlawful.

    If it does not, this year’s harmful tariffs will remain in place – that is, until the president once again decides to change the rates, exempt certain industries, or target countries for punishment. Worse, the court would lock in Trump’s – and any president’s – ability to impose transformative economic policies without a vote in Congress.

    Until now, the US Constitution has generally been interpreted as requiring express congressional authorisation to change major rules governing how the economy works. At stake in this case is nothing less than effectively modifying the Constitution to grant vast unilateral powers over the economy to the executive branch.

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