Statement on Supreme Court ruling overturning President Trump’s tariffs

This statement is in response to breaking news. Please contact pr@rstreet.org to speak with the scholars.

Given the news of the Supreme Court’s decision that overturned President Trump’s tariffs imposed without congressional authorization, R Street Institute’s Jeremy Dalrymple, resident fellow with our governance program, released the following statement:

“The Supreme Court’s decision in Learning Resources, Inc. v. Trump clarifies an important constitutional principle: the power to impose taxes and duties rests with Congress. The Court held that the president lacked clear statutory authorization under the International Emergency Economic Powers Act (IEEPA) to impose tariffs. Article I of the Constitution assigns to the legislative branch the authority to “lay and collect Taxes, Duties, Imposts and Excises.” That allocation reflects a deliberate structural choice, placing decisions with sweeping fiscal and economic consequences in the hands of the people’s elected representatives. 

The Court correctly recognized that broad statutory language addressing emergency economic powers does not, without clear and specific authorization, transfer Congress’s taxing authority to the executive branch. Reading such authority into general grants of power would effectively erase the guardrails Congress has historically placed around tariff policy and blur the separation of powers the Constitution carefully establishes. 

The decision also illustrates a recurring institutional problem: ambiguous legislative drafting invites expansive interpretations and protracted litigation. When Congress uses general or open-ended language in statutes addressing major economic or political questions, courts are left to determine the scope of authority after the fact. Preserving constitutional accountability requires Congress to use clear, precise language when it chooses to delegate powers. 

This ruling does not prevent Congress from authorizing targeted trade measures where appropriate. It does, however, underscore that major shifts in tariff policy must rest on explicit legislative direction. Where a statute is silent or ambiguous on the power to impose duties, that silence cannot be construed as a blank check.

Congress retains the responsibility to define the scope of executive authority in matters affecting trade and taxation. If lawmakers believe broader tariff tools are necessary, they should debate and enact them through the legislative process with precise statutory language. Doing so preserves accountability, reduces uncertainty for markets and trading partners, and maintains the constitutional balance between branches.”