Posted on 04/05/2025 6:14:36 AM PDT by Sir_Humphrey
Article I, Section 8 of the U.S. Constitution vests the power to lay and collect tariffs with Congress. The Founding Fathers intended for legislative oversight on taxation, tariffs, and related financial matters, viewing tariffs as strategic levers to be used with caution and prudence.
Historically, Congress set tariffs and maintained tight control over this power. However, over time, particularly after the Great Depression, there was a shift towards delegating some authority to the executive branch. This began with the Reciprocal Trade Agreements Act of 1934, allowing the President to negotiate trade agreements without separate congressional approval each time.
Later acts, such as the Trade Expansion Act of 1962 and the Trade Act of 1974, further evolved this delegated authority. These allowed the President to act on national security concerns through tariffs or respond to unfair foreign trade practices. However, this delegation is not unchecked. For instance, Section 232 of the 1962 Act enables the President to impose tariffs if imports threaten national security, but this is bounded by specific findings and processes.
The Supreme Court has emphasized that any delegation of power must include an “intelligible principle” to direct and limit the President’s use of this authority. While the President can negotiate and respond to immediate threats, the imposition of generalized tariffs still requires congressional approval, reinforcing the separation of powers fundamental to our constitutional republic.
(Excerpt) Read more at usconstitution.net ...
I think this is right. I would even go further and say that Congress delegating any of its Article I job (writing legislation, declaring war, setting tariffs) to anyone else (president or agency) is unconstitutional.
maybe Trump is forcing Congress to do their job so our illustrious CONgresscritters can prove beyond a shadow of a doubt just how completely and utterly useless and worthless the current crop is at putting Americans and America first and foremost?
Are there any powers that congress hasn’t divested itself of by delegating them to agencies it created and put under the control of the executive branch? What’s come to be know as the “deep state”.
You anti-American troublemakesrs are out today, once again.
Oh cool. So we gonna get all constitutional now? Maybe we can talk about the CIA and FBI domestic spying, the federal reserve doing congress job regarding money, the income tax, the constitution saying the dollar was gold but we are saddled with fiat currency.
We have lots to talk about.
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At any rate, it will be a leftist judge or congress that tries to override POTUS. Then the SC might weigh in.
When the Constitution apparently allows for stolen Presidential elections, hoax impeachments, Judicial lawfare and tyranny over just the last 9+ years in a long train of in your face abuses, I stopped caring what Constitutional scholars said..
The Trump tariffs are a negotiating ploy to force Free Trade
Trump is now and always has been an advocate of Free Trade
Those who accede to his efforts will prosper
Those who resist his efforts will suffer.
Political win for Trump either way. Worst case, he gets credit for trying and Congress gets the blame.
Actually, I’m more than willing to 1776 their ass..
MAGA was told that was going to happen through an election in 2024, and not by killing each other after a stolen election.
So, we wait..
Yeah, wanting to follow the constitution really is anti-American.
Statute law gives the President the right to place tariffs
get over to DU... they are wondering if you will stay true to them even when the check they write you... bounces.
Thanks for your input.
Congress??? You mean the people who have us trillions of dollars in debt, have us invaded from half the world illegally, allow huge fraudulent votes for a democrat party that wouldn’t even exist if honest voting took place?
The same Congress who is unable to provide a balanced honest budget, who approves of men in women’s sports, showers, jails?
The same Congress who has fought against the people since WWII to enrich themselves, their party and their friends?
Please it’s time to allow an American and people loving President Trump to try to restore this country to sanity. Thank you Trump.
In limited cases and under certain circumstances yes but I think Congress has the power to revoke them as the power to levy tariffs lies primarily with them.
I'm not saying whether they should or shouldn't. I'm just saying it sure looks like they have the power to do so.
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