IEEPA in 2025: Tariff Tool or Abuse of Power?

In the first two posts, we explored how the International Emergency Economic Powers Act (IEEPA) was created in 1977 to limit unchecked presidential power — and how it became a go-to tool for freezing assets, punishing rogue regimes, and blocking terrorist funds.

Now we’re in 2025, and President Trump is using IEEPA in a way no president ever has before.

Not for sanctions.

Not to stop terrorism.

Not for national security in the traditional sense.

He’s using IEEPA to impose global tariffs.

Let’s break down what’s happening — and why it matters.

What Just Happened?

In April 2025, President Trump signed an executive order declaring a national emergency over America’s trade deficits— especially with countries like China, Vietnam, and Japan.

Using IEEPA, he announced two things:

  1. A 10% tariff on all imports from every country.

  2. Higher tariffs (up to 54%) on countries with the biggest trade surpluses or trade barriers.

These new tariffs went into effect within days.

IEEPA had officially entered the world of global trade wars.

Wait — IEEPA Was Meant for Emergencies, Right?

Exactly.

IEEPA was passed to deal with “unusual and extraordinary threats” that come from outside the United States — threats to national security, foreign policy, or the economy.

It’s been used for things like:

  • Hostage crises

  • Terror attacks

  • Cyberwarfare

  • Nuclear proliferation

Trade deficits — while a serious policy issue — don’t exactly fit the same category.

That’s why this move is raising alarms.

The Legal Pushback

Almost immediately, a lawsuit was filed to challenge Trump’s tariffs.

The argument?

IEEPA doesn’t give the president the power to set tariffs, which is normally Congress’s job.

Legal experts say this use of IEEPA stretches the law far beyond what it was intended to do — and could set a dangerous precedent.

If the president can use IEEPA to tax imports during a trade dispute, what’s stopping future presidents from using it to control prices, regulate entire industries, or bypass Congress completely?

Supporters Say: It’s About Economic Survival

Trump and his allies argue that massive trade imbalances and foreign trade barriers are a serious threat to America’s economy — and therefore qualify as a national emergency.

They say IEEPA gives the president the flexibility to act fast, especially when other countries are “cheating” or undercutting American businesses.

To Trump, this is about restoring “economic justice” — and showing the world that America won’t be pushed around.

Critics Say: This Isn’t What IEEPA Was For

Opponents — including legal scholars, economists, and even some business groups — say this is a misuse of emergency powers.

Their main concerns:

  • IEEPA isn’t a trade law — it was never meant to be used for tariffs.

  • Congress should decide tax and trade policy, not the president alone.

  • This could open the door to even more abuses of emergency powers in the future.

Some are calling it a “power grab in plain sight.”

Why It Matters

This isn’t just a debate about trade.

It’s a question about how far a president can go using emergency powers — and what counts as a national emergency in the first place.

If this use of IEEPA is allowed to stand, future presidents (from either party) might feel empowered to:

  • Bypass Congress on major economic policy

  • Declare vague or political issues as “emergencies”

  • Use emergency laws to reshape the economy by executive order

That’s a big deal.

What Happens Next?

The legal case is moving through the courts — and it could end up at the Supreme Court.

In the meantime, the tariffs are already affecting prices, businesses, and global supply chains.

Other countries are preparing to retaliate with their own tariffs, potentially escalating a full-blown trade war.

The stakes are high — not just for the economy, but for democracy itself.

Final Thoughts: IEEPA’s Future

IEEPA was meant to give presidents tools to protect the country — not tools to bypass Congress.

Over time, those boundaries have blurred. Now, in 2025, they’re being tested like never before.

So the big question is:

When everything is an emergency… what powers does a president not have?

Thanks for reading this series.

If this raised questions or gave you a new perspective, reach out on BlueSky.

Let’s keep the conversation going — about power, policy, and how we protect both security and democracy.

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SAVE Act Advances

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From Tehran to TikTok: How Presidents Have Used IEEPA to Shape the World