Yes, he does have the power. But so do we.

 

I have been hearing a lot of people across various organizations and media sites stating that SCROTUS does not have the right to impose tariffs.  Well... sadly, yes he does.  Congress did, at one time, maintain control over levying tariffs, but since the early 1900's, Congress has slowly granted those privileges over to the Executive branch.  

From The National Constitution Center; 

Laws That Allow the President to Impose Tariffs

According to the Congressional Research Service, there are six statutory provisions currently in place that control how the president and the executive branch can use tariffs. Three provisions require federal agency investigations before a tariff can be imposed. The other provisions do not require an investigation before actions are taken.

Section 232 of the Trade Expansion Act of 1962 has been used by the first and second Trump administrations for steel and aluminum imports. It authorizes the president to ask the Secretary of Commerce to determine if goods are being imported in manner that threatens national security. The secretary then reports back to the president if he has any affirmative findings. “Section 232 does not require the President to follow the Secretary’s recommendations but permits him to take alternative actions or no action,” the CRS says. Under Section 232, there is no maximum time limit on the president’s tariff actions.

Another provision that requires an investigation is Section 201 of the Trade Act of 1974. The act allows the president to impose tariffs if the U.S. International Trade Commission (ITC) finds that an import surge is threatening a U.S. domestic industry. If the ITC makes an affirmative determination, the president can take action accordingly, including placing tariffs. Tariffs imposed under Section 201 are not meant to be permanent, and the actions have a limit of four to eight years.

Section 301 of the Trade Act of 1974 allows the United States Trade Representative (USTR) to authorize tariffs on foreign countries that restrict U.S. commerce in “unjustifiable,” “unreasonable,” or “discriminatory” ways. If the USTR confirms such behavior after an investigation, the president has the discretion to allow the USTR to impose tariffs for at least four years.

Among the three provisions that allow the president to act on his own to impose tariffs without an investigation, only one has ever been used: the International Emergency Economic Powers Act of 1977. The act allows the president to declare an emergency under the National Emergency Act (NEA) and then use his extensive economic powers to regulate or prohibit imports. The CRS says that President Trump was the first chief executive to use this act in February 2025, when he announced tariffs on Canada, China, and Mexico. The emergency stated by the president can be terminated at this request, or by a joint resolution of Congress.

Section 122 of the Trade Act of 1974, which allows the president to enact temporary tariffs to address “large and serious United States balance-of-payments deficits” or certain other situations that present "fundamental international payments problems;  and Section 338 of Tariff Act of 1930, which  authorizes the president to enact “tariffs on articles produced by, or imported on the vessels of, foreign countries that discriminate against U.S. commerce in certain ways,” have not yet been used.

Ultimately, Congress can limit or expand the presidential tariffs powers through legislation, but the CRS concludes that based on precedents dating back to the time of Chief Justice Marshall, judicial precedent “has given the President broad latitude to exercise his tariff authorities.”

Essentially, until we can get a congress who will reign in the Executive Branch, our days are going to be met with more of this:

 

But... the tariffs are... a subterfuge.  Something for his dim-witted followers to look at as progress and promises.  When you ask "Who will really benefit from these actions?", look no further than the oligarchs who funded him - to thank him; the ones who will reap the rewards on skyrocketing costs of goods and services.  To the folks living from the kitchen table; you're all about to get fucked.  

As Leanna posted on her "Can we have a new witch; ours melted?" blog this morning:

 

The ultimate crash, the destruction is the goal.  The ONLY recourse we have at our disposal is to keep the heat on Congress. To keep protesting, to keep our rage in their faces - that they have to respond with something other than a sternly written letter or to acquiesce to this chaos.  Look what we did this past weekend!  

Onward,

Rade