Nov. 5, 2025, Fairfax, Va.—Americans for Limited Government Executive Director Robert Romano today issued the following statement warning of the strategic consequences if the Supreme Court strikes down President Donald Trump’s emergency, national security tariffs on China:
“We could be at war with China any moment from now, and the strategic situation particular to rare earth minerals will ultimately demand the United States put an embargo on Chinese exports and to secure sources of rare earths for the war effort and as a part of the national emergency the President has already declared. For now, the President has used national security emergency tariffs on China in order to secure trade agreements to keep rare earths flowing for the entire world and, critically, to prevent a much wider conflict. Short of a full embargo, the tariffs give the President the flexibility to negotiate with Beijing, as he was just able to successfully negotiate with Chinese President Xi to keep global trade moving.
“But if the Supreme Court strikes down the tariffs because Congress was not explicit enough in the 1977 International Emergency Economic Powers Act (IEEPA) — a distinct possibility — then the President will be left with no alternative but to invoke the same act, charge China with using slave labor and other human rights abuses and threatening national security, and just use the explicit embargo and sanction powers that Congress has also granted under the same law. These authorities have been used to place a variety of trade sanctions including embargos on North Korea, Vietnam, Cambodia, Cuba, Russia, Iran, Venezuela and other adversary countries who act against U.S. national security interests and threaten international peace and stability. If the President cannot use tariffs, then he might be left with no choice but to cut off trade completely in order to get China back to the table. China threatening the global supply of rare earths is national security threat, and the President has the power to do use economic sanctions to rein that in.
“The result would be escalation, make resolution of the global supply chain crisis practically impossible via conventional negotiations and ultimately make war more likely. The fact is, Congress has already acted, the President already has all the authority he needs. 50 U.S. Code Sec. 1702 already delegates the power to ‘regulate… importation’ of goods. It’s a political question that the branches have discretion with.
“Besides having to go to embargos and further sanctions, alternately, if the Court forces the issue, then Congress can come back clarify that Presidents have the emergency tariff power when it is needed. Or Congress could act right now, stick clarifying tariff authority in the continuing resolution and make the Supreme Court case moot. Future presidents can thank Trump later.”
Attachments:
“1977 House Report: IEEPA ‘Basically Parallels Section 5(b) Of The Trading With The Enemy Act’ That Allows President To ‘Regulate… Importation’ Of Goods” By Robert Romano, May 30, 2025 at https://dailytorch.com/2025/05/1977-house-report-ieepa-basically-parallels-section-5b-of-the-trading-with-the-enemy-act-that-allows-president-to-regulate-importation-of-goods/
“The Judicial Tyranny Undercuts The President’s Ability To Conduct Foreign Affairs As Court For International Trade Strikes Down Tariffs,” By Robert Romano, May 29, 2025 at https://dailytorch.com/2025/05/the-judicial-tyranny-undercuts-the-presidents-ability-to-conduct-foreign-affairs-as-court-for-international-trade-strikes-down-tariffs/
“Tariff Ruling Will Bankrupt This Country If Not Overturned,” By Robert Romano, Sept. 4, 2025 at https://dailytorch.com/2025/09/tariff-ruling-will-bankrupt-this-country-if-not-overturned/
For media availability contact Americans for Limited Government at media@limitgov.org.
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