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By Shane Croucher
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Representative Don Bacon (R-NE) pointed to the Constitution for the answer on the question of President Donald Trump's power to impose tariffs: He doesn't.
"Article One Section Eight gives Congress the power over taxes and tariffs. The Constitution is clear," Bacon, a rare Republican critic of Trump, posted to X on Friday.
Why It Matters
Bacon's remarks came as Trump faced court challenges for using national emergency powers to levy tariffs on American trading partners.
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While a federal trade court ruled Trump's use of those powers was improper, an appeals court allowed the tariffs to remain temporarily in place while legal proceedings continue.
The outcome has implications not just in defining the limits of presidential power inside the U.S, but also for the global economy, which has been shaken by Trump's tariffs.
What To Know
Bacon directly referenced Article I, Section 8 of the U.S. Constitution, which grants Congress the authority to "lay and collect Taxes, Duties, Imposts and Excises."
Another X user replied to say the 1934 Reciprocal Tariff Act delegated that power to the president when there is a national emergency.
Trump had declared an emergency over trade imbalances, saying they threatened national security and the domestic economy, so he could impose the tariffs.
He had also declared an emergency over the fentanyl crisis for other tariffs on China, Mexico and Canada.
"Courts just ruled on your emergency. It doesn't convince folks," Bacon replied.
The U.S. International Trade Court in Manhattan found that the emergencies Trump cited—including the fentanyl crisis and alleged unfair trade—did not meet the legal bar for overriding congressional power.
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Trump condemned the decision as "so wrong, and so political!" via his Truth Social account, calling for a quick Supreme Court reversal.
He warned that the ruling could cripple presidential power by requiring congressional approval for all tariff actions.
Republican ranks showed signs of internal division. While Speaker Mike Johnson (R-LA) and senior GOP leaders remained silent, Bacon and others have called for a return to congressional supremacy on trade.
Some Republicans noted that although Congress had previously delegated some tariff powers to the presidency via several trade statutes, any presidential overreach should be checked by the courts.
Trump's "Liberation Day" tariffs, including a 10 percent "baseline" tariff on nearly all imports and higher "reciprocal" rates on key partners like China, Canada and Mexico, have stoked debate among policymakers, manufacturers and consumers.
The president has since temporarily paused his reciprocal tariffs to give space for trade negotiations with other countries.
A federal appeals court has stayed the lower court's ruling, keeping tariffs active until the case is resolved.
What People Are Saying
President Donald Trump posted to Truth Social: "Hopefully, the Supreme Court will reverse this horrible, Country threatening decision, QUICKLY and DECISIVELY. Backroom 'hustlers' must not be allowed to destroy our Nation!
"The horrific decision stated that I would have to get the approval of Congress for these Tariffs. In other words, hundreds of politicians would sit around D.C. for weeks, and even months, trying to come to a conclusion as to what to charge other Countries that are treating us unfairly.
"If allowed to stand, this would completely destroy Presidential Power — The Presidency would never be the same!"
Trump's former Vice President Mike Pence posted to X: "The Constitution gives Congress the power to levy taxes and tariffs Article 1, Section 8 provides that the Congress 'shall have Power To lay and collect Taxes, Duties, Imposts and Excises.' The president has no authority in the Constitution to unilaterally impose tariffs without an act of Congress."
Senator John Kennedy, a Republican from Louisiana, told CNN: "Under the Constitution, Congress has tariff authority. We gave—for better or worse, Congress gave some of that authority to the presidency. The president has been exercising that authority. The issue before the courts—and it's appropriate for them to decide—is whether he has exceeded that authority. I don't think he has, but that's up to the courts to tell us. In the meantime, nothing's going to change. These [trade] talks are not going to stop, nor should they."
What Happens Next
The U.S. Court of Appeals has ordered filings by June 5 and June 9, with the administration prepared to appeal to the Supreme Court if necessary. Tariffs will remain in effect as legal reviews proceed.
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