Dershowitz to Newsmax: Trump Can Recast Tariffs Under Article II Powers
By Newsmax Wires | Friday, 20 February 2026 05:31 PM EST
VIDEO
Harvard Law School professor emeritus Alan Dershowitz told Newsmax on Friday that President Donald Trump can still impose steep trade penalties despite the Supreme Court's ruling that he exceeded his authority under the International Emergency Economic Powers Act, arguing the administration simply relied on the "wrong approach."
On "The Record With Greta Van Susteren," Dershowitz said he anticipated the high court would reject the administration's legal theory.
"I thought that the lawyers for Trump made the wrong argument to the Supreme Court, and I predicted they were going to lose based on their argument," Dershowitz said.
The high court ruled that Trump went beyond his authority in invoking IEEPA to impose broad-based tariffs, siding with challengers who argued that Congress, under Article I of the Constitution, holds the power to levy taxes and duties.
"Article I of the Constitution says that duties and taxes can be imposed only by Congress, and Congress can delegate that authority to the president," Dershowitz said. "But if you argue that tariffs can be a weapon of foreign policy, a weapon of diplomacy, a weapon of preventing war, then it's an Article II power of the president, and Congress has no power to limit it."
Dershowitz said Trump's legal team framed the tariffs primarily as a revenue-raising measure, which placed them squarely under Article I constraints.
"If you argue that it's a fundraising activity by Congress, of course you're going to lose," he said.
Instead, Dershowitz urged a reframing that would ground the policy in the president's constitutional authority over foreign affairs and national security.
"I would say, go back to the drawing board now, give me executive authority to impose these kinds of things," he said, describing what Trump should demand from his advisers.
"You don't even have to call them a tariff. Call them whatever you want.
"Call them a sanction, call them a financial penalty, call them whatever you want. Just give me the power to use these things in order to implement policy."
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READ MORE: https://www.newsmax.com/newsmax-tv/alan-dershowitz-newsmax-donald-trump/2026/02/20/id/1246891/
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