US Supreme Court Upholds the Exclusive Taxing Power of Congress
The court's 6-3 ruling prevents the executive branch from bypassing Congress to impose tariffs using emergency powers, reaffirming Congress's exclusive taxing authority.
- On Feb. 20 the U.S. Supreme Court ruled in a historic 6-3 decision that the Executive Branch cannot unilaterally raise tariffs under emergency powers in a 170-page opinion.
- The Framers specified that tax changes should be introduced, debated, and voted on by Congress, reaffirming that taxing power is reserved to the legislative branch, not the Executive.
- The opinion warned that a future president could declare a 'climate emergency' and impose tariffs, risking unreviewable emergency actions that bypass the executive branch's authority, the court flagged as risky.
- The ruling preserves Congress's control over major economic policy, emphasizing that the executive cannot unilaterally raise tariffs, upholding checks and balances.
- The Mountain States Policy Center joined an amicus brief urging the Court to rule the tariff increases unconstitutional, with Jason Mercier, Vice President and Director of Research, speaking for the group.
15 Articles
15 Articles
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Supreme Court Rules President Cannot Tax by Decree, Strikes Down Use of ‘Emergency’ Powers to Impose Billions in Stealth Tariff Taxes
WASHINGTON, D.C. — In a major rebuke of presidential power, the U.S. Supreme Court ruled 6–3 that President Trump cannot impose billions of dollars in tariffs on the American people by declaring a national emergency. At stake was a key constitutional question: Who has the power to tax — Congress or the president? In Learning Resources, …
US Supreme Court upholds the exclusive taxing power of Congress
In a historic 6-3 decision on Friday, the U.S. Supreme Court ruled that the tariff tax increases unilaterally imposed by the executive branch under emergency powers are unconstitutional. This ruling reaffirms that the power to tax is exclusively reserved to…
Supreme Court says the biggest tax hike in over three decades was illegal the whole time
Today, the Supreme Court struck down Donald Trump’s tariff scheme, because the power of taxation goes to the Congress, not the president. “The Framers did not vest any part of the taxing power in the Executive Branch,” Chief Justice John Roberts wrote for the majority.The news is being framed as a loss. “The 6-3 ruling is a major blow to the president’s signature economic policy,” NPR said. It “represents a stinging political setback,” the Post …
Op-Ed: U.S. Supreme Court upholds the exclusive taxing power of Congress
In a historic 6-3 decision today (Feb. 20), the U.S. Supreme Court ruled that the tariff tax increases unilaterally imposed by the executive branch under emergency powers are unconstitutional. This
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