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101 Ind. L.J. Supp. 1 (2025-2026)

handle is hein.journals/spplmntinlj101 and id is 1 raw text is: Seizing the Duty of Congress: The President's Unilateral Implementation of Tariffs is Unconstitutional ERIC R. BOLINDER* This Article examines the constitutional validity of President Donald J. Trump's 2025 imposition oftariffs under the International Emergency Economic Powers Act (IEEPA). It argues that the President's unilateral use ofthe IEEPA to impose across- the-board tariffs represents an unprecedented and unconstitutional assumption of legislative authority, violating core separation of powers principles. The analysis traces the historical and constitutional roots of the tariff power, emphasizing its placement in the Constitution as a revenue-raising tool vested exclusively in Article I. Drawing on historical practice, statutory interpretation, and key judicial precedents, the Article contends that while some delegation of tariff power to the President is appropriate, Congress must move first, setting specific strictures for the President. President Trump's tariff actions fail to meet this standard, and the Supreme Court should invalidate the tariffs under the nondelegation doctrine, the major questions doctrine, or on ultra vires grounds. The Article concludes that, unless constrained, this use of emergency economic powers threatens to dismantle the structural safeguards ofAmerican constitutional governance. * Assistant Professor of Law, Liberty University School of Law. I thank Annaclare Censoni for her excellent research and editing assistance. I also thank Jacob Taber for his edits and comments.