The US Supreme Court’s tariff rebuff: It’s time for Congress to assert its constitutional authority
The US Supreme Court’s decision to strike down President Donald Trump’s sweeping global tariffs is a wake-up call for Congress. If the legislative branch had been doing its job last year and hadn’t ceded its taxing power when the White House embarked on this unprecedented protectionist journey, perhaps we wouldn’t be in the mess we’re now in.But with its 6-3 ruling on 20 February, America’s top court not only reaffirmed the separation of powers but invited Congress to reassert itself as the branch with the power of the purse. Congress should get its act together and tell the president if he wants to keep his tariffs, he’ll need to work with them to do it.It could take a lot of persuasion.
Within hours of the ruling, Trump delivered a rambling press conference where he dismissed both lawmakers and the court. He noted that some tariffs he had already declared under different laws had not been struck down by the courts and announced plans to expand others using Section 122 of the US Trade Act of 1974. That provision allows the president to declare import surcharges of up to 15%, but only for 150 days, not indefinitely.
Of course, if Trump wanted the tariffs to last for more than a few months, he could work with Congress on a longer-term solution. But that would require him to agree that laws are things to be followed and Congress is a branch of government to be respected. Neither will happen.
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