major questions doctrine

Will Trump’s Tariffs Tank the Economy? Can the Supreme Court Stop Them?

While President-elect Trump’s proposed tariffs are unwise, they are not unconstitutional, as federal law grants the president significant power to impose them. The Supreme Court, however, has established a “major questions doctrine” that allows it to veto executive branch actions deemed too ambitious. Given the Court’s recent history of using this doctrine to strike down Biden administration policies, it remains unclear whether they will apply it to Trump’s tariffs, potentially setting a dangerous precedent for future presidents. The upcoming legal battle over tariffs presents a dilemma: a ruling against them would further empower an already powerful Court, while a ruling in favor would cause economic hardship for many Americans.

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