Trump’s Claim to Power Is at Stake in the Battle over US Tariffs
The U.S. Supreme Court has put the president in his place on his favorite issue, but that won’t stop him.
Donald Trump began his second term hoping to dictate everything like an absolute ruler. And for a long time, it seemed as if he would get away with it. But in recent months, he has encountered resistance — in elections, in Congress, at the Federal Reserve, and especially within civil society. Now, the once loyal Supreme Court has dealt him a defeat on his favorite issue, tariffs, a defeat that is likely to shape the rest of his presidency.
The Supreme Court justices have only done what you might expect — stop an obvious abuse of emergency legislation. The fact that the outcome was considered uncertain shows how far trust in the American rule of law has fallen. To the Supreme Court’s credit, this was its first definitive ruling on Trump's policies; previous concessions were provisional. The administration is also likely to lose on the next major decision before the Supreme Court: whether Trump can fire Federal Reserve governor Lisa Cook without cause or deny birthright citizenship to children born in the United States. The legal situation is clear.
While Justice Brett Kavanaugh, in his dissent, referred to practical problems caused by the suspension of tariffs, the three conservative justices who ruled against Trump were concerned about something more fundamental: a president must respect the constitutional separation of powers, which assigns Congress primary authority over taxes and tariffs. This is exactly what Trump refuses to accept.
The Damage Gets Worse
With a little skill, Trump could have secured approval from Congress for his trade policies. But he was less concerned with the well-being of the U.S. economy, even though he believes in the benefits of protectionism, than with his own claim to power. The tariffs haven't triggered an economic crisis because they ended up being lower than when announced. But they did accelerate inflation and slowed growth. The Supreme Court's decision and Trump's immediate search for alternatives are likely to increase uncertainty and economic damage. The justices aren't to blame for this; Trump and his advisers are.
By announcing a new round of tariffs, Trump has made it clear that no one can restrain him, not even the justices that he himself appointed. His only ideology is himself. When it comes to foreign policy, Trump doesn't follow any strategic objectives. He just wields the military like a plaything so he can demonstrate strength. At the beginning of the year, the playground was Venezuela, and then Greenland, and now it is Iran.
When Trump encounters opposition such as he is facing with the Supreme Court, he sometimes backs down, but mostly he reacts with defiance, anger and insults, which further diminish his political capital. Disappointed and embittered, Trump will increasingly lash out and be prepared to break all the rules of democracy and the rule of law to get his way. The tariff dispute offers a taste of the battles to come.
Donald Trump began his second term hoping to dictate everything like an absolute ruler. And for a long time, it seemed as if he would get away with it. But in recent months, he has encountered resistance — in elections, in Congress, at the Federal Reserve, and especially within civil society. Now, the once loyal Supreme Court has dealt him a defeat on his favorite issue, tariffs, a defeat that is likely to shape the rest of his presidency.
The Supreme Court justices have only done what you might expect — stop an obvious abuse of emergency legislation. The fact that the outcome was considered uncertain shows how far trust in the American rule of law has fallen. To the Supreme Court’s credit, this was its first definitive ruling on Trump's policies; previous concessions were provisional. The administration is also likely to lose on the next major decision before the Supreme Court: whether Trump can fire Federal Reserve governor Lisa Cook without cause or deny birthright citizenship to children born in the United States. The legal situation is clear.
While Justice Brett Kavanaugh, in his dissent, referred to practical problems caused by the suspension of tariffs, the three conservative justices who ruled against Trump were concerned about something more fundamental: a president must respect the constitutional separation of powers, which assigns Congress primary authority over taxes and tariffs. This is exactly what Trump refuses to accept.
The Damage Gets Worse
With a little skill, Trump could have secured approval from Congress for his trade policies. But he was less concerned with the well-being of the U.S. economy, even though he believes in the benefits of protectionism, than with his own claim to power. The tariffs haven't triggered an economic crisis because they ended up being lower than when announced. But they did accelerate inflation and slowed growth. The Supreme Court's decision and Trump's immediate search for alternatives are likely to increase uncertainty and economic damage. The justices aren't to blame for this; Trump and his advisers are.
By announcing a new round of tariffs, Trump has made it clear that no one can restrain him, not even the justices that he himself appointed. His only ideology is himself. When it comes to foreign policy, Trump doesn't follow any strategic objectives. He just wields the military like a plaything so he can demonstrate strength. At the beginning of the year, the playground was Venezuela, and then Greenland, and now it is Iran.
When Trump encounters opposition such as he is facing with the Supreme Court, he sometimes backs down, but mostly he reacts with defiance, anger and insults, which further diminish his political capital. Disappointed and embittered, Trump will increasingly lash out and be prepared to break all the rules of democracy and the rule of law to get his way. The tariff dispute offers a taste of the battles to come.
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