The Supreme Court's case on President Donald Trump's use of emergency powers in imposing tariffs could reshape presidential authority and the balance of powers, Newsmax senior judicial analyst Judge Andrew Napolitano told Newsmax on Wednesday.
"The Supreme Court, including this very court with these very nine justices, has been very deferential to the president in matters of foreign affairs," Napolitano said on Newsmax's "Wake Up America."
"The traditional understanding of the president's role under the Constitution with respect to foreign affairs is that he and he alone determines foreign policy, and he can use tools available to him, even vaguely articulated tools, to effectuate that foreign policy," he added.
At the center of the case, set for arguments Wednesday, is whether Trump can unilaterally impose tariffs on nearly every country under the 1977 International Emergency Economic Powers Act.
The justices' decision could test both a key piece of Trump's economic agenda and the limits of presidential power.
Three lower courts have already ruled that most of Trump's tariffs were illegal.
A Supreme Court ruling upholding those findings would strike at the heart of his plan to use tariffs as leverage in trade and foreign negotiations.
Trump's orders set a 10% baseline tariff on nearly all U.S. trading partners, with higher rates for countries running what he called "large and persistent" trade deficits.
A second order targeted China, Canada, and Mexico over their alleged failure to stop the flow of fentanyl and other illegal drugs into the United States.
Napolitano said Trump views tariffs as "essential foreign policy tools."
"The president says, 'I can't go to Congress every time I have to set a tariff rate,'" he explained, adding that Trump's strategy forms what he has dubbed "the Trump Doctrine."
"The president's use of tariffs in global affairs to coerce specific actions from foreign nations, whether to gain economic advantage or influence diplomatic or military outcomes, is a foreign-policy function," Napolitano said.
But the legal question, he noted, hinges on statutory and constitutional authority.
"The statutes Trump relies on for authority do not mention the word 'tariffs,'" he said.
"Their argument is that a tariff is a tax, and under the Constitution, only Congress can impose taxes," he said. "If Congress is going to give that power away, it must do so clearly and specifically, and some argue it can't give it away at all."
Napolitano said the justices' questions may hint at how the court will rule.
"Justice [Neil] Gorsuch is clearly a member of the conservative majority, but he's a textualist," he said.
"If you see from his questioning Justice Gorsuch breaking from the conservative majority, that will be very telling," Napolitano said.
He predicted a closely divided ruling.
"This could easily be a 5-4," Napolitano said. "The chief justice would love a unanimous decision, particularly if it's going to go against the president, but I don't think he's going to get that."
GET TODAY NEWSMAX+:
NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!
Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.
You need to watch NEWSMAX today.
Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!
Find the NEWSMAX channel on your cable system – Go Here Now
BEST OFFER:
Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.
Find hundreds of shows, movies and specials.
Even get Jon Voight's special series and President Trump's comedy programs and much more!
Watch NEWSMAX+ on your smartphone or home TV app.
Watch NEWSMAX anytime, anywhere!
Start your FREE trial now: NewsmaxPlus.com
© 2025 Newsmax. All rights reserved.