Source: The Volokh Conspiracy
by Steven Calabresi
“The U.S. Constitution gives Congress the power to impose tariff/taxes in Article I, Section 8, clause 1, and it gives Congress the power to regulate commerce with foreign nations in Article I, Section 8, Clause 3. Trump incorrectly claims that Congress has delegated that power to him under the National Emergencies Act (NEA) and the International Emergency Economic Powers Act (IEEPA) by declaring multiple ‘national emergencies’ …. The Supreme Court should narrowly construe the ’emergency power’ these statutes grant to the President, to avoid the conclusion that Congress has delegated its taxing power to the President. I know that in Trump’s mind trade deficits are an ’emergency’ because he thinks they are really a big problem, but that is not what the word ’emergency’ in NEA or IEEPA mean.” (04/10/25)