Gavin Howe
Former US President Donald Trump has been involved in numerous controversies, with critics accusing him of breaking federal laws and attempting to override state laws. One such instance is the lawsuit filed by 12 states challenging Trump's tariffs on China, Canada, and other countries, which they argue hurt their economies and exceeded presidential powers. Trump has also faced scrutiny for his attempts to block state climate change policies and his move to grant Elon Musk access to the Treasury's payment system. Legal experts have questioned the legality of some of Trump's actions, including his attempt to shut down USAID and a federal worker buyout offer, which may violate the Anti-Deficiency Act.
| Characteristics | Values |
|---|---|
| Issuer | U.S. President Donald Trump |
| Target | State laws addressing climate change |
| Objective | To block the enforcement of state laws aimed at reducing the use of fossil fuels and combatting climate change |
| Rationale | State laws are "ideologically motivated" and "threaten American energy dominance and our economic and national security" |
| Criticism | Legal scholars, environmental advocates, and governors claim the order is unconstitutional and oversteps federal authority |
| Implementation | Unclear; legal challenges are expected |
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What You'll Learn
Trump's tariffs
On 2 April 2025, former US President Donald Trump declared a national emergency, stating that foreign trade and economic practices had created a national emergency. He imposed tariffs on other countries to strengthen the international economic position of the United States and protect American workers. Trump's tariffs included a 145% tariff on goods from China, 25% on Canada, and 10% on almost all imports from most other countries.
In defence of the tariffs, Trump has argued that they are necessary to ensure fair trade, protect American workers, and reduce the trade deficit. He has also stated that his reciprocal trade agenda will lead to better-paying American jobs and drive economic growth for Americans.
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Tribal treaty rights
Under the U.S. Constitution, treaties are part of the supreme law of the land, with the same legal force and effect as federal statutes. Treaties bind both the federal government and the signing Indian Tribes and generally constitute recognition of rights to lands and resources, as well as rights to fish, hunt, and gather. The federal government has an obligation to honour and respect Tribal rights and resources that are protected by treaties. Federal agencies are bound to give effect to treaty language and must ensure that federal agency actions do not conflict with Tribal treaty rights.
From 1778 to 1871, the federal government's relations with Indian Tribes were defined and conducted largely through the treaty-making process. These treaties recognised the sovereignty of Indian Tribes and established unique sets of rights, benefits, and conditions for the treaty-making Tribes. Through treaty-making, Indian Tribes granted land and other natural resources to the United States, while retaining all rights not expressly granted. These rights are also known as "reserved rights". Treaties with Indian Tribes cover a wide variety of subjects, including rights reserved by Tribes relating to natural resources, such as the right to hunt, fish, and gather both on land ceded or given up by tribes and on land retained by Tribes.
It is not uncommon for Indian Tribes to raise treaty rights concerns during Section 106 consultations. All federal agencies, as well as applicants for federal funding or approvals, should be aware that treaty rights can and do extend to federal, state, and private lands depending on the language of the treaty. Treaty rights impose substantive restraints on federal agency decision-making and may limit or modify an agency's ability to consider certain alternatives or other actions in the Section 106 context.
In 2021, President Biden announced that the Department of the Interior and 16 other federal agencies had formally committed to protecting Tribal treaty rights in agency policymaking and regulatory processes. The Memorandum of Understanding (MOU) affirmed the federal government's commitment to enhancing interagency coordination and collaboration to protect treaty rights and to fully implement federal government treaty obligations.
In April 2025, Donald Trump's tariffs were challenged by 12 states, with two members of the Blackfeet Nation filing a federal lawsuit in Montana over the tariffs on Canada, saying they violated tribal treaty rights.
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State climate change policies
In the United States, state-level policies play a crucial role in addressing climate change, particularly in the absence of stronger federal action. Twenty-four states, along with the District of Columbia, have adopted specific greenhouse gas reduction targets, demonstrating their commitment to tackling this global challenge. These targets are tailored to each state's unique circumstances, fostering innovation and experimentation in policy design.
One of the most prevalent state-level approaches is the implementation of renewable or clean energy standards. Twenty-nine states and the District of Columbia have adopted a renewable portfolio standard (RPS), mandating that a certain percentage of a utility's electricity be derived from renewable sources like wind, solar, or nuclear power. This not only reduces greenhouse gas emissions but also supports the development of preferred energy sources within the state. Additionally, seven states have adopted a clean energy standard (CES), which similarly requires electric utilities to supply a specified amount of electricity from renewable or clean energy sources.
State policies also extend to the transportation sector, which is the largest contributor to U.S. greenhouse gas emissions. Thirty-six states and the District of Columbia have implemented clean vehicle policies, including emissions standards and incentives for zero-emission vehicles. These policies encourage the adoption of electric and fuel cell vehicles, as well as the development of necessary infrastructure like charging stations.
Beyond emissions targets and clean energy standards, states are also taking other initiatives to combat climate change. For instance, governors of 24 states and Puerto Rico formed the U.S. Climate Alliance to uphold the Paris Agreement on climate change after the Trump administration announced its intention to withdraw in 2017. This alliance represents a diverse group of states committed to leading on climate action, fostering clean energy economies, and building resilient communities.
In Minnesota, policymakers have proposed a set of policies aimed at transitioning the state's electricity sector to 100% clean energy by 2050. Similarly, Washington state has established standards to enhance the energy performance of large commercial buildings, improving energy efficiency and reducing energy consumption.
While states are taking significant steps to address climate change, some critics argue that certain state policies may overreach or conflict with federal authority. There are concerns that states could impede American energy dominance by imposing barriers to interstate and international trade or by subjecting energy producers to excessive fines and regulatory burdens. Nevertheless, state-level policies remain crucial in driving progress on climate change and inspiring action at the local level.
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Religious institutions' funding
In 2020, President Donald Trump announced a series of new rules and guidance memos designed to push federal funds to religious organizations and advance prayer in public schools. This marked a reversal of Obama-era requirements that enforced tight restrictions on the way taxpayer money was distributed to religious organizations and services.
Trump's policies aimed to ease restrictions on religious groups, including schools and churches, allowing them to access federal funds more readily. One example is the Department of Education's draft regulation, which stated that all religious student clubs must receive the same funds, rights, and privileges as secular groups in public colleges and universities. This was intended to "level the playing field" between religious and non-religious organizations competing for federal grants and protect the religious liberty of faith-based institutions.
However, in 2025, there were reports of a Trump executive order that sought to strip federal funds from Catholic Charities, an NGO, as part of its immigration policies. This move was intended to combat "wokeness" and enforce Trump's other executive orders on topics like diversity, equity, and inclusion programs. The White House confirmed that the directive would impact all federal grants and loans, potentially affecting public programs that serve millions of Americans.
In response, Catholic Charities USA defended its work, stating that it abides by the law in its humanitarian efforts at the US border. They urged the Trump administration to reconsider the decision, highlighting their long history of working with the government to care for vulnerable people in communities across the country. A judge temporarily blocked the freeze on the same day it was announced.
Trump's policies regarding religious institutions' funding have sparked mixed reactions. While some applaud his efforts to advance religious freedom and equality, others criticize his decisions to cut funding to specific organizations like Catholic Charities, which has a long history of serving vulnerable communities.
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Trump's constitutional authority
The US Constitution grants Congress the power to "lay and collect taxes". However, former President Donald Trump's tariffs on China, Canada, and other countries have sparked legal challenges, with critics arguing that they undermine the separation of powers. Trump's actions reflect a broader conservative effort to expand executive branch powers, which worries legal scholars and experts concerned about the balance of power between the legislative, executive, and judicial branches.
Trump's administration has also been accused of defying court orders, including rulings on deportation flights and the return of individuals erroneously deported. Legal scholars warn that this reluctance to comply with court orders could lead to a constitutional crisis. The administration's defence of its actions and its attempts to limit news wire services' access have further fuelled concerns about its respect for the judiciary.
Trump has also directed the repeal of regulations deemed unlawful under recent Supreme Court decisions. In some cases, he has instructed agencies to revoke unlawful regulations swiftly, citing the Administrative Procedure Act's "good cause" exception. While the federal judiciary can hold the executive branch accountable through contempt findings, the Trump administration's responses to court rulings have worried experts about the potential for a constitutional crisis.
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Frequently asked questions
No, a store policy cannot override a state law.
Yes, in 2025, 12 states sued President Trump over his tariffs, arguing that he did not have the power to impose them.
Yes, in 2025, President Trump issued an executive order to block the enforcement of such state laws.
No, legal experts say that Trump does not have the constitutional authority to do so.
