Basics

The authority to impose tariffs originates in the U.S. Constitution, granting Congress the power to regulate commerce and levy duties. Historically, Congress held primary control over tariff legislation until the 20th century, when it began delegating this power to the executive branch. Through various statutes, presidents have gained discretion in imposing tariffs based on national security, trade imbalances, or economic emergencies. Courts have largely upheld these delegations of power. President Donald Trump utilized this authority during his first term and has continued to do so in his second, particularly through tariffs tied to national emergencies. These moves underscore an ongoing shift in trade authority from Congress to the president, raising important questions about the scope and limits of executive power in shaping U.S. trade relations.