Who Has the Authority to Impose Import Tariffs?
Congressional and presidential power over tariffs
This report examines Congress’ constitutional power over import tariffs, Congress’ ability to delegate some of its authority over tariffs to the president within certain limits, the scope of specific authorities Congress has delegated to the president to impose or adjust tariffs and the ways in which courts have resolved challenges to the president’s use of those authorities. The Constitution grants Congress the power to regulate foreign commerce, impose tariffs and collect revenue. As discussed in this report, Congress has long enacted laws authorizing the president to adjust tariff rates on goods in certain circumstances. Courts have generally upheld these laws…
