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Congress Holds the Reins: Tariffs Require Legislative Approval

Christopher Blake June 2, 2025
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The ability to impose tariffs, or taxes on imported goods, is a power generally held by Congress, according to legal experts.

The President’s authority to levy tariffs is often limited by constitutional constraints and established legal precedent, with Congress having the primary power to regulate international trade.

Historically, the Supreme Court has sided with Congress on matters of trade, emphasizing the legislative branch’s significant role in setting trade policy.

Recent presidential actions regarding tariffs have sparked debate and legal challenges, raising questions about the balance of power between the executive and legislative branches.

While the President can sometimes impose tariffs for national security reasons, such measures are subject to specific legal limitations and must be carefully justified.

The Constitution grants Congress the power ‘to regulate Commerce with foreign Nations,’ a clause interpreted by courts as central to the legislative control of tariffs.

Several historical examples demonstrate how Congress has legislatively shaped tariff policies, underscoring its long-standing influence over trade regulations.

Legal analysts suggest that broad, sweeping tariff actions by the President without congressional approval are likely to face significant legal hurdles.

The ongoing discussion highlights the checks and balances embedded within the U.S. government and the importance of adhering to established constitutional principles when it comes to trade policy.

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