Two members of the Blackfeet Nation have filed a lawsuit against the federal government, claiming that tariffs introduced by the Trump administration on Canada breach the U.S. Constitution and tribal treaty rights. The suit, filed by State Sen. Susan Webber and rancher Jonathan St. Goddard in Montana federal district court, targets the U.S. Department of Homeland Security, Secretary Kristi Noem, and the United States of America. Represented by Monica Tranel, a former Democratic candidate for Montana’s congressional seat, the plaintiffs argue that these tariffs are unconstitutional.
The lawsuit was initiated just before a series of nationwide protests against the Trump administration. It highlights tribal sovereignty issues and challenges President Trump’s tariff orders. These tariffs, part of several Executive Orders, include a February 1 declaration targeting illicit drug flow across the U.S.-Canada border and April 2 reciprocal tariffs.
The plaintiffs claim these orders infringe upon the U.S. Constitution by granting tariff-imposing powers solely to Congress, not the president. The International Emergency Economic Powers Act was cited by Trump to justify these tariffs, but plaintiffs argue it offers no such authority. Similar lawsuits exist, including one involving conservative mogul Charles Koch, which also challenges these tariffs on a legal basis.
The lawsuit also argues that tariffs on Canada violate the Jay Treaty of 1794. This treaty acknowledges Native American rights to cross the U.S.-Canada border without paying duties. The plaintiffs consider these orders “unconstitutionally vague,” violating their due process rights by not providing fair treatment, as legally required.
The lawsuit highlights specific hardships faced by the Blackfeet tribal community due to these tariffs. St. Goddard, after a tariff of $308.77 was imposed on a tractor part from Canada, expressed financial distress. Webber stated that her constituents suffer from “random, unpredictable tariffs” that harm economic opportunities. The court is asked to prohibit Trump’s orders on Canada tariffs or exempt tribal members from these tariffs.
Native American tribes, as sovereign entities, are increasingly opposing Trump’s policies. Other tribes, like the Pueblo of Isleta and Prairie Band Potawatomi Nation, have challenged federal decisions affecting tribal sovereignty, showcasing the ongoing tension between tribal rights and federal policies.
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