Politics
Trump’s Tariffs: Constitutional, or Executive Overreach?

Vol. 41, No. 06

03/24/2025

Trump’s Tariffs: Constitutional, or Executive Overreach?

Presidents have imposed tariffs on foreign imports for generations. Yet under the Constitution, this power belongs to Congress, not the president. ...

Joe Wolverton, II, J.D.

Few issues in American history have been as contentious, cyclical, and politically charged as tariffs. From the earliest years of the Republic to President Donald Trump’s recent economic policies, tariffs have served as both a cornerstone of government revenue and a flashpoint for economic conflict. While some have championed tariffs as a crucial tool for protecting American industries, others have viewed them as economic barriers that raise consumer prices and invite retaliation from trading partners.

While arguments as to the merits (or lack thereof) of tariffs might be important, more pressing in this current political environment is the question of whether or not Donald Trump, or any president, actually has the constitutional authority to unilaterally enact tariffs. 

Before answering that question, we will explore the origins, historical applications, and consequences of tariffs in the United States, particularly in light of Trump’s ambitious efforts to reshape America’s trade relationships.

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