by KrisAnne Hall, JD
The power to regulate foreign commerce (Article 1 Section 8 Clause 3) and to “lay and collect Taxes, Duties, Imposts and Excises” ( Article 1 Section 8 Clause 1) is a power specifically reserved to Congress.
The President of the United States is not authorized through the Constitution to lay tariffs by Executive Order. Congress passed the Trade Expansion Act of 1962 that allows the president to bypass Congress’ Constitutional authority and impose tariffs by executive order.
But Congress is not authorized to change the Constitution by legislative act; only Article V of the Constitution can do that. We are seeing yet another example of both expanded executive power and congressional dereliction.
The framers of the Constitution intentionally denied the president this power. By limiting the executive authority, the drafters hoped to prevent the presidency from transforming over time into an office of a king. Authority over tariffs is reserved to Congress to give the American people representation in the matter, provide for deliberation and diminish corruption by favoritism and cronyism — for which there is obviously plenty of potential.
Of course, the autonomous and quasi-kingly authority that a president exercises unconstitutionally today, will be the authority the American people come to accept be wielded tomorrow by the next person in office. (Hillary Clinton? Oprah Winfrey? Elizabeth Warren? Joe Biden?)
Every incremental expansion of the chief executive injects chaos into the process and threatens the “blessings of Liberty” for future generations. It is a shame that Congress wishes to deny these tariffs in the name of politics or economics, while there is so little concern for the integrity of the Constitution or the preservation of Liberty.
Liberty Over Security
Principle Over Party
Truth Over Personality
KrisAnne Hall is a former biochemist, Russian linguist for the US Army, and former prosecutor for the State of Florida. KrisAnne also practiced First Amendment Law for a prominent Florida non-profit Law firm. KrisAnne now travels the country teaching the foundational principles of Liberty and our Constitutional Republic. KrisAnne is the author of 6 books on the Constitution and Bill of Rights, she also has an internationally popular radio and television show and her books and classes have been featured on C-SPAN TV. KrisAnne can be found at www.KrisAnneHall.com.
Today’s news moves at a faster pace than ever, and a lot of sources are not trustworthy. Whatfinger.com is my go-to source for keeping up with all the latest events in real time from good sources.
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