Trump’s systematic use of emergency declarations to bypass Congress and expand federal control through sweeping tariffs and enforcement powers represents an unprecedented consolidation of executive authority that threatens constitutional separation of powers. Emergency Powers Enable Sweeping Economic Control President Trump invoked the International Emergency Economic Powers Act on April 2, 2025, declaring a national emergency on trade to justify imposing a 10% baseline tariff on all countries, with higher reciprocal rates on nations with large trade deficits. This represents an unprecedented use of IEEPA, which previous administrations reserved primarily for targeted sanctions against specific threats. The White House framed these economy-wide tariffs as necessary to “increase our competitive edge” and protect national security, effectively bypassing congressional trade authority through emergency declarations. The tariff regime took effect between April 5-9, 2025, immediately increasing import costs across all sectors. Trade-intensive industries including electronics, automobiles, retail, and agriculture face significant cost pass-through effects. Import-dependent firms and consumers bear the burden of higher prices, while manufacturers benefit from increased protection against foreign competition. This broad application of emergency trade powers marks a sharp departure from historical precedent and raises constitutional concerns about executive overreach. Federal Enforcement Expansion Targets Local Resistance Concurrent with trade actions, Trump signed executive orders on April 28, 2025, dramatically expanding federal law enforcement authority. These orders strengthen federal and state law enforcement tools, increase criminal sentences, expand prison capacity, and direct the Department of Defense to increase federal presence in states and localities. The immigration-focused order specifically targets jurisdictions deemed to obstruct federal enforcement, effectively weaponizing federal power against sanctuary cities and states that resist immigration enforcement. The coordinated deployment of border emergencies, trade tariffs, and enforcement expansions illustrates a systematic strategy to centralize authority in the executive branch. This maximalist governance model enables rapid policy implementation across economic and domestic spheres while marginalizing legislative input. State and local governments face intensified pressure to comply with federal mandates, fundamentally altering the balance of federalism that conservatives traditionally champion. Constitutional Guardrails Prove Inadequate The National Emergencies Act of 1976 and IEEPA of 1977 provide presidents with extraordinary flexibility once emergencies are declared, unlocking approximately 150 statutory powers according to Brennan Center research. Elizabeth Goitein of the Brennan Center warns this broad authority is “a little bit scary,” noting that emergency statutes grant presidents powers far beyond acute, time-limited crises. Current law creates structural advantages for executive initiative, with congressional and judicial oversight occurring slowly after implementation begins. Courts have begun testing the limits of emergency authorities with mixed results and ongoing appeals. However, statutory baselines still grant presidents wide latitude once declarations are made. The August 6, 2025 action on Russia, which layered additional tariff duties atop the April order, demonstrates continued reliance on emergency trade authorities. This pattern of sequential emergency actions risks normalizing extraordinary powers for ordinary governance, potentially entrenching a “new normal” that weakens constitutional checks and balances that protect individual liberty and limited government principles. Sources: OPB interview with Elizabeth Goitein on the scope and risks of presidential emergency powers Mayer Brown analysis of President Trump’s use of the NEA/IEEPA for tariffs White House fact sheet announcing IEEPA national emergency on trade and baseline tariffs Holland & Knight executive order tracker detailing law-enforcement and immigration orders White House presidential action on Russia layering additional tariff duties