White House invokes IEEPA emergency powers for 145% China tariffs bypassing Congress

Trump declared a 'national emergency' on Jan. 29, 2025, to justify 145% tariffs on Chinese goods, triggering the biggest constitutional fight over trade power since the 1930s Smoot-Hawley Act

The National Emergency Act grants presidents unlimited tariff authority without congressional approval, allowing Trump to bypass normal legislative procedures that require justification and oversight

Emergency tariff collections bypass normal appropriations processes, giving presidents direct access to billions in revenue without congressional approval and creating off-budget spending capabilities

China's retaliatory tariffs target agricultural exports supporting 2.6 million American jobs while Trump's tariffs protect politically favored manufacturers, creating winners and losers based on presidential preferences

Emergency trade powers create alternative supply chains excluding U.S. companies permanently as foreign governments develop trading relationships that bypass American businesses

Allied relationships fracture when America weaponizes trade unilaterally without consultation, destroying trust with economic partners and decades of negotiated international agreements

Trade war escalation destroys predictable trading relationships while emergency declarations concentrate trade authority in presidential hands, eliminating congressional checks on economic warfare