Congress should grow a backbone and reclaim tariff authority
For decades Congress has been gradually ceding its constitutional authority to the executive branch of government. And the executive branch has stretched that authority far beyond anything Congress or the Constitution intended. As the branch of government charged with levying taxes, including tariffs, it’s time for Congress to reclaim that constitutional authority.
Article I, Section 8, of the U.S. Constitution says,“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States …”
It’s Congress’s job to impose and collect taxes and duties, which include tariffs. It’s not about whether tariffs are good or bad economic policy. It’s about who has the constitutional authority to impose them.
Because of the challenges created by two world wars and the occasional need for a quick U.S. response to international developments, “Congress enacted statutes authorizing the President to declare a state of emergency and make use of extraordinary delegated powers.”
Over time, Congress became concerned that presidents were taking advantage of those “extraordinary powers.” A bipartisan Senate report released in 1974, “A Brief History of........
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