# Think Tank > U.S. Constitution >  Tariffs by the executive? Not in the US Constitution

## TommyJeff

Im not hearing much discussion about the trump tariffs being unconstitutional,even by the left.  But this is the power of congress and not found in article 2.   Are there examples of past presidents doing such a thing as it specifically relates to tariffs or is trump the first? 



*Article I
Section 8.*The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

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## Swordsmyth

Congress delegated the power, nowhere in the Constitution are they empowered to delegate their powers but they have done so with many of their powers.
They should either undo the delegation or amend the Constitution to delegate the power, until they do the President should use it to undo the damage that has been done to the country.

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## Zippyjuan

Congress only supposedly gave the president the power to use in national emergencies.   Importing steel from Canada has a negative impact on our National Security I guess (that is the grounds he imposed the tariffs).

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## TommyJeff

> Congress only supposedly gave the president the power to use in national emergencies.   Importing steel from Canada has a negative impact on our National Security I guess (that is the grounds he imposed the tariffs).


Congress couldn’t alter a tariff quickly enough during a national security problem?  This is a strange time for congress to site national security.

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## TommyJeff

> Congress delegated the power, nowhere in the Constitution are they empowered to delegate their powers but they have done so with many of their powers.
> They should either undo the delegation or amend the Constitution to delegate the power, until they do the President should use it to undo the damage that has been done to the country.


has another president altered a tariff?

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## William Tell

> Congress delegated the power, nowhere in the Constitution are they empowered to delegate their powers but they have done so with many of their powers.
> They should either undo the delegation or amend the Constitution to delegate the power, until they do the President should use it to undo the damage that has been done to the country.


This is the same logic a neocon would use for saying the president should declare war. Either you believe the president should follow the Constitution all the time, or he can ignore it for the 'greater good'. When you endorse the latter view, you are just saying that you don't care if the government violates the Constitution as long as it's for your pet issues.

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## Swordsmyth

> has another president altered a tariff?


W did for one and he and others used their "fast-track" trade authority to cram rotten trade deals down our throats that need to be rectified through the negotiations that DJTvsg's tariffs are designed to bring about.

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## Swordsmyth

> This is the same logic a neocon would use for saying the president should declare war. Either you believe the president should follow the Constitution all the time, or he can ignore it for the 'greater good'. When you endorse the latter view, you are just saying that you don't care if the government violates the Constitution as long as it's for your pet issues.


No, these tariffs are defensive not offensive, we can't become what we are fighting but we also can't keep fighting with one hand tied behind our backs while the enemy bites, kicks and hits below the belt.
I would support Congress withdrawing the delegation of power but I will not fault Trump for using it to defend America until they do.

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## Jamesiv1

Embrace the MAGA, do not fight it, and you will find peace and be at one with all things.

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## bunklocoempire

> Congress delegated the power, nowhere in the Constitution are they empowered to delegate their powers but they have done so with many of their powers.
> They should either undo the delegation or amend the Constitution to delegate the power, until they do the President should use it to undo the damage that has been done to the country.



I've noticed that using a power that shouldn't exist,  sends a mixed message.

I've also noticed that power gained in government, isn't relinquished by those receive it, but rather passed around to whoever wants it bad enough.

Perhaps this hasn't been your experience.

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## devil21

> Congress only supposedly gave the president the power to use in national emergencies.   Importing steel from Canada has a negative impact on our National Security I guess (that is the grounds he imposed the tariffs).


Whew, good thing we've always been under some form of national emergency status for like the last 100 years then.  Every President declares some national emergency every 6 months or so to keep it going.

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