Congress can stop the tariffs. Today. If Congress doesn’t act, they are raising costs for everyday Americans through tariffs to allow tax cuts for the very wealthiest.

Congressional rolling over and playing possum is irresponsible and a violation of the Constitution. Congress does not have the “choice” to hand all its power to the executive branch. Congress must demand accountability, and we must demand accountability from congress.

Last week, Congress chose to allow the tariffs to continue, and also took away any single member’s ability to force a floor vote to justify them. In doing so, Congress increased the harm the tariffs will cause.

Article I Section 8 Clause 1 of the Constitution provides:

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; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Clause 3 provides:

[The Congress shall have Power ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Article I Section 10 prohibits states from … imposing tariffs, or imposing duties.

The Constitution is crystal clear: the power to impose tariffs belongs solely to Congress. Congress historically maintained tight control over its power to tariff.

Tariffs were a significant source of revenue for the federal government prior to the Civil War. After the Civil War, federal income taxes became the primary method for raising revenue, through legislation adopted after the Civil War (then repealed) and then through the 16^th Amendment adopted in 1913.

Congress cannot unilaterally amend the Constitution to abdicate its role over tariffs. We the People have a say in how this all goes down. We can demand Congress do its job. Keep calling your representatives’ offices. It is on us to keep the pressure on and to hold them accountable.

Courts provide another venue for relief. The Supreme Court’s recent line of cases points to an outcome that the current tariffs are unconstitutional.

In the Dobbs decision that reversed Roe v. Wade and 50 years of privacy rights^[1] Justice Samuel Alito wrote “it is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” Dobbs is the law of the U.S., like it or not, and if that analysis applies to abortion, it also applies to tariffs.

Loper Bright^[2] overturned the Chevron doctrine that gave some deference to executive branch agencies. Justice Roberts’ wrote for the majority that the executive branch does not get deference under the constitution. Justice Thomas wrote in a concurring opinion that transferring a power committed to the federal courts to the hands of the executive branch runs afoul of the Constitution. Regardless of how you think about the Chevron doctrine, the analysis applied in Loper Bright must also apply to any transferal of power from congress to the executive.

In West Virginia v. EPA^[3] Chief Justice Roberts wrote the majority opinion. The court held that an executive branch agency does not have the power to address “major questions” of great “economic and political significance,” unless there is a “clear congressional authorization for the power [the agency] claims.”

Tariffs that impose billions in taxes and have severe consequences on our relationships with our strongest allies are major questions of great economic and political significance.

Constitutional power can’t be tossed from one branch of government to another depending on what money train is going to be chased on any given day.

Congress owns the tariffs. Make the people who vote on the tariffs come explain and defend these tariffs to us in person. Silence and avoidance is admission that they won’t follow the Constitution.

Only Congress can impose tariffs. Congressional silence means one thing: they approve raising costs for everyday Americans through tariffs to allow tax cuts for the very wealthiest.

All together.