The Courts Get It Right on Tariffs

We’ve argued from day one that this president – or any president – does not have the constitutional authority to unilaterally raise taxes.

Yesterday, a three-judge panel (comprised of appointees of Trump, Obama, and Reagan) unanimously ruled exactly that:

President Trump had asserted tariff-raising authority under the 1977 International Emergency Economic Powers Act (IEEPA). But the U.S. Constitution explicitly grants taxing authority to Congress, not the President, except in the case of an emergency – which this clearly is not.

Regardless of what one thinks of the Trump tariff strategy, which of late seems to be working, tariffs are clearly taxes. This court decision is a victory for checks and balances and for our constitutionally protected-restraints on the government’s taxing authority.

The House and Senate should now immediately hold an up or down vote on the Trump tariffs.

That’s the last thing they want to do. But this is how representative government is supposed to work.

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