A federal appeals court struck down President Trump's use of emergency powers to impose tariffs. The dispute tests the limits of using urgency to justify rewriting the rules. "CBS Evening News" co-anchor John Dickerson explains.

Washington

A federal appeals court has struck down President Trump's use of emergency powers to impose tariffs, ruling that the authority to levy tariffs belongs to Congress. The court found that the International Emergency Economic Powers Act, a law from 1977 typically used for sanctions, was not intended to grant the president the power to impose tariffs, which no previous president had attempted.

The decision has significant economic implications, as it could require the repayment of billions in customs duties and affect tax revenue from American businesses. The case underscores the constitutional balance between the executive and legislative branches, especially during emergencies, and will ultimately be decided by the Supreme Court.

Explained: The dispute over Trump's emergency powers

Your lack of planning is not my emergency. That old expression captures the flavor of many of the clashes between President Trump and the courts. On Friday, a federal appeals court struck down his use of emergency powers to impose tariffs. Mr. Trump warns that the ruling will wreck the economy and embarrass the United States. Billions of customs duties would have to be repaid. There would be loss of expected tax revenue from American businesses. The court's view on all of that rests on the idea that when the president first acted, the consequences were knowable. Congress didn't give the president the power he claimed. The court's role is not to clean up the economic mess created by executive overreach. What's at issue are two emergencies. The first is the one Mr. Trump claimed to be fighting with the tariffs. He used the International Emergency Economic Powers Act, a 1977 law designed for sanctions, not tariffs. No president used it that way before. The court ruled that the power to levy tariffs belongs to Congress. The founders designed the system so that taxes affecting millions of businesses and consumers would be set by the institution closest to those who pay them. Plus, James Madison argued that these powers had to reside with Congress to check presidential overreach. It's an old tension. A national crisis demands speed, secrecy, qualities a single executive can provide. But emergencies are also the moments when liberty is the most at risk, because leaders can justify almost anything as necessary. The second emergency in this episode is the economic one Mr. Trump says will follow if the courts block his tariffs. But under that logic, every limit on executive power creates an emergency. The Constitution itself becomes a crisis when its limits are enforced. It's an argument the founders feared. A leader becomes addicted to emergencies. He claims one emergency and then protects that emergency by claiming another emergency. These questions will be decided by the Supreme Court. Is the president the fireman with the axe rushing in to save the House? Or is he, as this ruling suggests, the one who set the blaze in the first place? In a republic, urgency doesn't rewrite the rules, it tests whether our institutions will hold to them.

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