Presidential Tariff Powers

President Trump’s tariffs have not only been a talking point, but have also had an impact on most Americans. The question before SCOTUS in the case Learning Resources, Inc. v. Trump is whether or not the President has the power to create these tariffs in the first place.

What can we conclude from these arguments?

First, tariffs, by definition, include duties, which are taxes.

Second, the power to lay and collect taxes is vested in Congress, not the Presidency.

Third, when Congress passed a law allowing the President, under certain circumstances, to regulate any transaction in foreign exchange, they did not include the specific power to tax. And claiming that when Congress said “by means of instructions, licenses, or otherwise-” means taxing is a stretch at best.

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