Noah Feldman, Columnist

Yes, Trump Could Declare an Economic Emergency for Tariffs

Under the International Economic Emergency Powers Act, he not only has the power to take action, but also the authority to determine if there is such an emergency.

January 10, 2025 at 11:30 AM UTC

By Noah Feldman

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People."

It wouldn’t be unprecedented.
Photographer: Al Drago/Bloomberg

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President-elect Donald Trump reportedly is considering declaring a national economic emergency to give him legal cover to impose tariffs. Wait, you say. There is no national economic emergency. Surely, Trump would be breaking the law if he declared a nonexistent emergency to give himself more power.

If only it were so simple. Under the International Economic Emergency Powers Act (IEEPA), the president not only has the power to take certain actions when a national economic emergency exists but also the authority to declare such an emergency. Yes, you read that right. The person who decides when the president may deploy the IEEPA’s emergency powers is the president.