Trump's Tariffs

[Keith Broaders]

Yes, the President has constitutional authority to set tariff rates on imports, but this power is derived from Congress's delegation of authority, as the Constitution grants Congress the primary power to regulate commerce and impose tariffs. Here's a concise breakdown:

• Constitutional Basis: Article I, Section 8 of the U.S. Constitution gives Congress the power "to lay and collect Taxes, Duties, Imposts and Excises" and "to regulate Commerce with foreign Nations." This means Congress has the primary authority to set tariffs.
• Delegated Authority: Congress can delegate certain tariff-related powers to the President through legislation. For example, laws like the Trade Act of 1974 (e.g., Section 232) and the Tariff Act of 1930 allow the President to adjust tariffs under specific conditions, such as national security or economic protection, without needing congressional approval for each change.
• Limits: The President's authority is not absolute. It must align with the scope of the delegated legislation, and actions can be challenged in court if they exceed statutory or constitutional bounds. For instance, courts have reviewed presidential tariff actions to ensure they comply with the enabling statutes (e.g., Transpacific Steel LLC v. United States, 2020).
• Practical Example: Presidents have historically used delegated authority to impose tariffs, such as Trump’s tariffs on steel and aluminum in 2018 under Section 232 of the Trade Expansion Act of 1962, citing national security.

In short, the President can set tariff rates on imports when authorized by Congress through specific legislation, but this power is not directly granted by the Constitution—it flows from Congress’s constitutional authority over commerce and duties.