Who controls tariffs?

Tariffs affect everyone, from eastern Oregon farmers, to young urbanities, from rural coastal workers to retirees. It has captured the attention of the public and every media outlet, but often missing the complete background.

The League of Women Voters of Oregon believes one aspect of the tariffs (whether one supports or opposes them) is being ignored. Namely, the relationship to governmental separation of powers.

A founding principle of the League is the belief that “all powers of the US government should be exercised within the constitutional framework of a balance among the three branches of government: legislative, executive, and judicial.” The question then is who has control over tariffs?

Article I, Section 8 of the US Constitution tells us the answer is Congress, stating it has the power over “taxes, duties, imposts and excises” and “to regulate Commerce with foreign Nations.”

Congress also has the right to delegate timely and various levels of authority on tariffs to the president, which it has done six times. In 1977, they passed the International Emergency Economic Powers Act, which allows the president this power during times of emergency (which had been understood to mean an actual emergency). Congress can modify these powers at any time.

Whether Oregonians praise or blame the president for tariff consequences, we need to understand which of our three branches of government constitutionally oversees such “duties, imposts and excises.” We hope that the media will better communicate this important separation of powers and congressional responsibilities.