What constitutional power does Congress hold that Trump is attempting to exercise unilaterally with tariffs?

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Article I, Section 8 gives Congress the power to regulate commerce with foreign nations. Tariffs require Congressional approval unless Congress delegates specific authority to the president. Trump claims emergency powers under the International Emergency Economic Powers Act, but federal courts struck down his earlier global tariffs using similar justifications. The Constitution intended Congress, not the president, to control trade policy because tariffs function as taxes that significantly impact the economy. The Supreme Court will rule Nov. 5, 2025, on whether IEEPA actually authorizes tariffs.

What constitutional power does Congress hold that Trump is attempting to exercise unilaterally with tariffs?

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