section_path: Legality
section_name: Legality
paragraph_text: Legality
  
  Although the US Constitution grants Congress the sole authority to levy taxes, including tariffs, Congress has passed laws allowing the President to impose tariffs for national security reasons unilaterally. In his second term, Trump added tariffs to steel, aluminum, and auto imports under Section 232 of the Trade Expansion Act (TEA), which allows the President to modify imports if the Secretary of Commerce conducts an investigation, holds public hearings, and determines that the imports threaten national security. Trump directed the USTR to initiate similar investigations to impose tariffs under Section 301 of the Trade Act of 1974.
  
  Trump also invoked unprecedented powers under the National Emergencies Act (NEA) and the International Emergency Economic Powers Act (IEEPA) by declaring multiple "national emergencies" related to border security, energy, and trade deficits. Declaring these emergencies allowed Trump to enact tariffs quickly without following the complex procedures required by TEA or other trade statutes. While the IEEPA had been used for sanctions, it had never before been used for tariffs. As he signed the orders, Trump stated that declaring an emergency "means you can do whatever you have to do to get out of that problem." The New York Times reported that "many economists and legal experts believe that the idea of an emergency has been concocted to justify Mr. Trump's desire to impose sweeping import duties without regard to congressional approval or international trade rules."
  
  To terminate a national emergency under the NEA, a member of Congress may file a privileged resolution requiring their chamber to vote on the topic within 15 days. Democratic representatives introduced resolutions to end several of Trump's national emergencies justifying tariffs, but these efforts were blocked by the Republican congressional majority. JD Vance cast a tie-breaking vote in the Senate to uphold the emergency underpinning the "Liberation Day" tariffs.
  
  Several countries initiated disputes regarding Trump's tariffs with the World Trade Organization (WTO), a regulator of international trade. However, the United States has de facto paralyzed the WTO since 2019 by blocking new appointments to its Appellate Body. Without a functioning Appellate Body, no final rulings can be made. On March 4, 2025, the US notified the WTO that it would suspend contributions to its budget indefinitely. The US was set to provide about 11% of the WTO's $232 million 2024 budget, a fee based on the country's share of global trade.
  
  At least seven cases were filed in American federal courts challenging Trump's authority to impose tariffs under IEEPA. In May 2025, the United States Court of International Trade (CIT) held hearings for V.O.S. Selections, Inc. v. Trump and Oregon v. Trump. On May 28, the CIT unanimously ruled that Trump had overreached his authority under the IEEPA and vacated all tariffs related to it. A Washington D.C. district court issued a similar ruling in Learning Resources v. Trump the next day. Both rulings are on hold as the administration appeals, allowing the tariffs to remain in effect. The plaintiffs in Learning Resources v. Trump requested that the Supreme Court expedite review of the case, but the Court rejected the appeal.