Legal Authority For Imposing Tariffs

[solutions]

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Subject: Legal Authority For Imposing Tariffs
From: Solutions
Date: Sat March 15, 2025 10.27 am PST
To: ReadingLiberally-SaltLake@johnkarls.com
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Dear John,

I just read your Suggested Discussion Outline for March 19 and was intrigued by –

(A) Your comment 4 paragraphs from the end –

“…..Yours Truly is particularly interested in the Second Short Quiz – ‘The World’s Wealthy Old Widow (the U.S.) Selling Her Crown Jewels To Survive.’”

(B) And your comment in Part C – Possible Public-Policy Campaigns –

“From Yours Truly – none in view of what Pres. Trump is doing already.”

*****
Presumably (B) relates to (A) and comprises your approval of Pres. Trump’s trade negotiations based on tariffs.

So what is the legal authority since the Constitution provides that Congress has the sole power to set tariffs?

Your friend,

Solutions


---------------------------- Original Message -----------------------------
Subject: Re: Legal Authority For Imposing Tariffs
From: ReadingLiberally-SaltLake@johnkarls.com
Date: Sat March 15, 2025 12.42 pm MST
To: Solutions
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Dear Solutions,

Thank you very much for your e-mail.

Article I, Section 10, Clause 2 effectively excludes states from levying tariffs –

“No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul (sic) of the Congress.”

And Article I, Section 8, Clause 1 gives Congress the sole power to levy tariffs –

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence (sic) and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.”

[BTW, the “uniform throughout the United States” requirement is the reason why tariffs were the overwhelming revenue source from the 7/21/1788 adoption of the Constitution until the Sixteenth Amendment to the Constitution in 1913 permitted Congress to impose a federal income tax, viz. “to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”]

HOWEVER, vis-à-vis tariffs Congress has by legislation delegated its authority to the Executive Branch in various circumstances, provided certain conditions are satisfied for each such circumstance.

The Congressional Research Service describes this in -

• its 3-page 1/31/2025 “U.S. Tariff Overview” at https://www.congress.gov/crs-product/IF11030, and

• its 3-page 4/1/2022 paper that focuses in particular on “Section 232 of the Trade Expansion Act of 1962” at https://www.congress.gov/crs-product/IF10667.

Since there have been no lawsuits over this issue either during the first or, so far, the second Trump Administration, Pres. Trump appears to be “dotting his I’s and crossing his T’s.”

Thank you again for your e-mail.

Your friend,

John K.