Episode Details

Is it legal for a president to impose tariffs under emergency powers? In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down NCLA’s latest lawsuit—Simplified v. Trump—challenging new tariffs imposed without congressional approval.

Filed on behalf of small business owner Emily Ley, this is the first and only case taking on President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs on goods from China. The statute lets presidents freeze assets or embargo items during a real emergency—but it doesn’t allow tariffs. And it certainly doesn’t authorize the executive branch to sidestep Congress’s clear rules on trade.

John explains why this case isn’t just about tariffs—it’s about constitutional limits on executive power, strategic legal choices, and the consequences of letting presidents unilaterally tax Americans under the guise of emergencies.