In the not-too-distant future, we are likely to see the Supreme Court address a case dealing with whether reciprocal tariffs imposed by President Donald Trump violate the US Constitution. Reciprocal tariffs are a significant portion of Trump’s tariffs.

Article I, Section 8 of the Constitution grants Congress the exclusive right to impose tariffs. Over the years, Congress has granted limited authority to the president to temporarily impose tariffs in the case of certain national emergencies.

In April, Trump began ordering the imposition of tariffs ostensibly under the authority of the International Emergency Economic Powers Act. The IEEPA authorizes the president to declare a national emergency in response to an “unusual and extraordinary threat to the United States which has its source wholly or substantially outside the United States.”

After such declaration, the president can generally deal with the threat by blocking transactions or freezing assets. The IEEPA does not expressly authorize a president to impose tariffs.

Numerous plaintiffs brought suit claiming damage from the tariffs. Those cases were consolidated into a single case, V.O.S. Selections v. Trump, in which the plaintiffs brought suit in the Court of........

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