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Who Controls U.S. Tariffs? The Constitution vs. Presidential Power
U.S. Constitution.net ^ | 2-11-2025 | Eleanor Stratton

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 ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: tafiffs; usconstitution
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Food for thought.
1 posted on 04/05/2025 6:14:36 AM PDT by Sir_Humphrey
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To: Sir_Humphrey

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.


2 posted on 04/05/2025 6:16:53 AM PDT by edwinland
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To: edwinland

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?


3 posted on 04/05/2025 6:24:51 AM PDT by Qwapisking ("The left will rue the day they cheated Trump out of the 2020 election forever" L.Star )
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To: Sir_Humphrey

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”.


4 posted on 04/05/2025 6:25:14 AM PDT by aquila48 (Do not let them make you "care" ! Guilting you is how they. control you. )
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To: edwinland
Thank God for Trump and thank God for the tariffs, may they be high and made permanent.
5 posted on 04/05/2025 6:25:40 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: Sir_Humphrey

You anti-American troublemakesrs are out today, once again.


6 posted on 04/05/2025 6:27:45 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: Sir_Humphrey

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.


7 posted on 04/05/2025 6:28:04 AM PDT by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2025... RETURN OF THE JEDI...)
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To: Sir_Humphrey
Who are these people? No About page or anything like that. Only thing they have is a PP page -- https://www.usconstitution.net/privacy-policy/

This website uses the services of Ezoic Inc. (“Ezoic”). Ezoic’s privacy policy is here. Ezoic may employ a variety of technologies on this website, including to display advertisements and enable advertising to visitors of this website. For additional information about Ezoic’s advertising partners, please see Ezoic’s Advertising Partner Page here.

Social links: facebook, Instagram and Twitter. Only the facebook link works but you have to view an ad first. Not too surprising since Ezoic Inc. is pretty much an ad site.

https://www.ezoic.com/ - Almost seems like usconstitution.net is a creation of Ezoic for ad revenue.

At any rate, it will be a leftist judge or congress that tries to override POTUS. Then the SC might weigh in.

8 posted on 04/05/2025 6:29:43 AM PDT by Pollard (Zone 6b)
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To: Sir_Humphrey

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..


9 posted on 04/05/2025 6:30:13 AM PDT by delchiante
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To: central_va

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.


10 posted on 04/05/2025 6:30:32 AM PDT by bert ( (KE. NP. +12) Where is ZORRO when California so desperately needs him?)
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To: Pollard
I hear you and thought the same thing. But the bigger question is whether or not the analysis is true. Based on other Constitutional sites i have visited, this appears to be consensus but then again, I am not a constitutional scholar.
11 posted on 04/05/2025 6:34:28 AM PDT by Sir_Humphrey (I'll support Trump when I think he's right. I'll oppose him when I think he's wrong. As it should be)
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To: Qwapisking

Political win for Trump either way. Worst case, he gets credit for trying and Congress gets the blame.


12 posted on 04/05/2025 6:35:36 AM PDT by bigbob (Yes. We ARE going back!)
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To: delchiante
All those thing you said happened, did indeed happen. And we're right to be appalled by them. But I would want to get back to abiding by the constitution and correct the wrongs that were done. I'm not willing to throw the baby out with the bath water.
13 posted on 04/05/2025 6:37:34 AM PDT by Sir_Humphrey (I'll support Trump when I think he's right. I'll oppose him when I think he's wrong. As it should be)
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To: Sir_Humphrey

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..


14 posted on 04/05/2025 6:39:27 AM PDT by delchiante
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To: central_va

Yeah, wanting to follow the constitution really is anti-American.


15 posted on 04/05/2025 6:39:44 AM PDT by Sir_Humphrey (I'll support Trump when I think he's right. I'll oppose him when I think he's wrong. As it should be)
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To: Sir_Humphrey

Statute law gives the President the right to place tariffs


16 posted on 04/05/2025 6:41:01 AM PDT by bert ( (KE. NP. +12) Where is ZORRO when California so desperately needs him?)
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To: Sir_Humphrey

get over to DU... they are wondering if you will stay true to them even when the check they write you... bounces.


17 posted on 04/05/2025 6:41:33 AM PDT by MIA_eccl1212 (10-10-10-10)
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To: MIA_eccl1212

Thanks for your input.


18 posted on 04/05/2025 6:45:02 AM PDT by Sir_Humphrey (I'll support Trump when I think he's right. I'll oppose him when I think he's wrong. As it should be)
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To: Sir_Humphrey

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.


19 posted on 04/05/2025 6:46:52 AM PDT by Hattie
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To: bert
Statute law gives the President the right to place tariffs

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.

20 posted on 04/05/2025 6:49:01 AM PDT by Sir_Humphrey (I'll support Trump when I think he's right. I'll oppose him when I think he's wrong. As it should be)
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