To: exnavy
Congress has the power to tax, while the President is in control of foreign relations. Separation of powers becomes problematic in that tariffs are both a tax and an aspect of foreign relations.
The best resolution is that Congress may lay out various tariff rates and regimes, with the President able to defer to Congress or adopt his own plans and measures in reliance on his power over foreign relations. In a pinch, the President wins, unless Congress exercises its singular and peremptory power over the purse.
Unfortunately, since I do not have a seat on the Court, they may well come to a different and less sound resolution.
To: Rockingham
Any solution that any court comes to is out of bounds. Courts are not executive branch or legislative branch. No standing in court speak.
4 posted on
02/20/2026 1:55:07 AM PST by
exnavy
(See article IV section 4 of our constitution.)
To: Rockingham
“...unless Congress exercises its singular and peremptory power over the purse.”
The Supreme Court, constitutionally, has no say in this matter.
6 posted on
02/20/2026 2:12:31 AM PST by
odawg
To: Rockingham
Congress has the power to tax, while the President is in control of foreign relations. Separation of powers becomes problematic in that tariffs are both a tax and an aspect of foreign relations.
My guess is that the Supreme Court will declare the blanket 10% tariff across all countries as unconstitutional as a taxation power reserved only for Congress, but allow the President to keep all the country-specific tariffs in place (Canada, Mexico, China, etc.) as the executive's authority in foreign affairs.
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