Ben Shapiro Breaks With Trump, Calling His Tariffs “Illegal” and “Unconstitutional”
The conservative movement split in real time on live television after the Supreme Court heard oral arguments that could reshape presidential power over trade. The case centers on whether a president can unilaterally impose sweeping tariffs under the claim of “national security.” For years, Donald Trump has used that justification to levy global tariffs without Congress. Now, that authority is under direct challenge. And one of the loudest critics isn’t a Democrat. It’s Ben Shapiro.
“Trump overstepped his power. This is not how the Constitution works. I expect the Court to strike this down.” — Ben Shapiro, on CNN
Shapiro, who has spent years defending Trump from mainstream criticism, did not hedge. He called the tariffs “illegal” and “unconstitutional” on national television. The moment landed hard because it signals a fracture inside the conservative legal and political world, not just the partisan divide.
The Case Before the Court
The Supreme Court heard arguments on whether the administration’s use of them allowed the president to levy tariffs based on vague claims of national security. Historically, Congress is the branch that regulates international commerce. Trump’s interpretation essentially flips that balance, giving broad tariff power to the Oval Office. Several conservative justices questioned whether the law was ever intended to hand a president that level of unchecked authority.
“If national security becomes whatever a president says it is, then this is not a separation of powers.” — Justice questioning during oral arguments
That skepticism suggests the conservative legal establishment may not be willing to follow Trump down this particular road.
Why Shapiro’s Break Matters
Ben Shapiro has built his influence on ideological purity, consistency, and legalistic conservatism. When he criticizes Trump from the right, it carries a different weight than when the criticism comes from Democrats or the press. His public rejection of Trump’s tariff rationale signals:
A fracture between populist-Trump conservatives and traditional constitutional conservatives
Recognition that unchecked executive power could threaten conservative priorities in the future
A warning shot that Trump’s policies are now vulnerable inside his own coalition
This wasn’t a left vs. right debate. This was right vs. right.
What Happens if the Court Strikes the Tariffs Down9
If the Supreme Court rules against Trump’s policy, the decision could:
Rein in presidential power on economic policy
Return trade authority to Congress
Prevent future administrations (Republican or Democrat) from imposing sweeping tariffs on their own
Reshape U.S. and China’s economic strategy and global market dynamics
It would be one of the most significant reassertions of Congressional authority in decades.
The Stakes Are Bigger Than Trump
This isn’t ultimately about whether tariffs are good or bad policy. It’s about who gets to decide. Presidents have gradually absorbed more and more power over the past 50 years. Congress has repeatedly failed to reassert itself. This case may force the issue.
“A ruling against Trump wouldn’t just be a political loss, it would redraw the map of executive power.”
If that happens, it won’t just limit Trump. It will limit every president who comes after him. This is a constitutional reckoning and Ben Shapiro just took a side.
Sources
- “Justices appear skeptical of Trump’s broad tariffs” — Politico. Link: https://www.politico.com/news/2025/11/05/supreme-court-tariffs-donald-trump-oral-arguments-00637544 (Politico)
- “Supreme Court’s conservative justices pummel Trump admin on tariffs…” — New York Post. Link: https://nypost.com/2025/11/05/us-news/supreme-courts-conservative-justices-pummel-trump-admin-on-tariffs-cant-get-this-power-back/ (New York Post)
- “Trump’s sweeping tariffs met with skepticism by Supreme Court justices” — CBS News. Link: https://www.cbsnews.com/news/supreme-court-trump-tariffs-arguments/ (CBS News)
- “Supreme Court Oral Arguments Signal Skepticism Toward Presidential Tariff Authority Under IEEPA” — Holland & Knight Alert. Link: https://www.hklaw.com/en/insights/publications/2025/11/supreme-court-oral-arguments-signal-skepticism (Holland & Knight)
- “CNN Panel Debates Tariff Power As Ben Shapiro Slams Trump Policy As ‘Unconstitutional’” — Tampa Free Press (via AOL). Link: https://www.aol.com/news/cnn-panel-debates-tariff-power-154511944.html (AOL)
- Video: “Ben Shapiro: Trump’s tariffs are ‘illegal,’ ‘unconstitutional’” — YouTube. Link: https://www.youtube.com/watch?v=k38cDGSJjmg (youtube.com)
