Former Vice President Mike Pence has accused President Donald Trump of supplanting Congress‘ constitutional authority over trade and commerce, following a federal court ruling that sought to void the majority of his tariffs.
“The Constitution gives Congress the power to levy taxes and tariffs,” Pence wrote on X, formerly Twitter. “Article 1, Section 8 provides that the Congress ‘shall have Power To lay and collect Taxes, Duties, Imposts and Excises.’”
“The president has no authority in the Constitution to unilaterally impose tariffs without an act of Congress,” he added.
Newsweek has contacted the White House for comment outside regular hours.
Why It Matters
The potential economic effects of Trump’s tariffs, such as high consumer prices on foreign goods and increased overheads for import-reliant businesses, have drawn scrutiny from Democrats and members of the president’s own party.
Trump has announced numerous tariffs since returning to office in January, including a 10 percent “baseline” tariff on almost all U.S. imports, arguing that the duties were necessary to fix trade imbalances and revive American manufacturing. However, critics have questioned the constitutionality of the president’s trade policies, saying tariffs are fundamentally a legislative power granted to Congress and that their unilateral imposition represents an example of executive overreach.
What To Know
“To restore the power to levy Tariff’s back to the American people, Congress should take immediate steps to reclaim their Constitutional authority On Tariffs,” Pence wrote on Thursday.
The former vice president has made similar arguments in the past. In April, he told attendees at a Grove City College event, “Wherever you come down on the risks or merits associated with tariffs imposed by the Trump Administration, the president has no authority in the Constitution to unilaterally impose tariffs without an act of Congress,” the National Review reported.
Pence has also criticized the tariffs on economic grounds, arguing that resultant price increases on foreign-made goods—specifically dolls—run counter to the “American dream.”
As Pence highlighted on Thursday, Article 1 of the U.S. Constitution establishes the structure and powers of the legislative branch and grants Congress authority over taxes and duties. However, Congress has ceded certain tariff powers to the presidency over the years, primarily through Section 232 of the Trade Expansion Act of 1962; Sections 122, 201 and 301 of the Trade Act of 1974; Section 338 of the Tariff Act of 1930; and the International Emergency Economic Powers Act (IEEPA) of 1977.
Wednesday’s ruling from the U.S. Court of International Trade concerned Trump’s invocation of the latter. The Manhattan federal court argued that neither the fentanyl crisis—which Trump used to justify tariffs on China, Canada and Mexico—nor the unfair trading relationships that his reciprocal tariffs were intended to fix constituted sufficient emergencies to override Congress’ constitutional powers.
“Because of the Constitution’s express allocation of the tariff power to Congress … we do not read IEEPA to delegate an unbounded tariff authority to the President,” the three-judge panel wrote in its decision. “We instead read IEEPA’s provisions to impose meaningful limits on any such authority it confers.”
The administration called the decision a “judicial coup” and swiftly filed an appeal with the Court of Appeals for the Federal Circuit in Washington, which has now paused the lower court’s ruling, allowing the tariffs to remain in effect pending the outcome of the appeal.
What People Are Saying
President Donald Trump wrote on Truth Social on Thursday: “The horrific decision stated that I would have to get the approval of Congress for these Tariffs. In other words, hundreds of politicians would sit around D.C. for weeks, and even months, trying to come to a conclusion as to what to charge other Countries that are treating us unfairly. If allowed to stand, this would completely destroy Presidential Power—The Presidency would never be the same! … The President of the United States must be allowed to protect America against those that are doing it Economic and Financial harm.”
Senator John Kennedy, a Republican from Louisiana, told CNN: “Under the Constitution, Congress has tariff authority. We gave—for better or worse, Congress gave some of that authority to the presidency. The president has been exercising that authority. The issue before the courts—and it’s appropriate for them to decide—is whether he has exceeded that authority. I don’t think he has, but that’s up to the courts to tell us. In the meantime, nothing’s going to change. These [trade] talks are not going to stop, nor should they.”
Political economist Veronique de Rugy said in comments shared with Newsweek: “The president’s power is limited, even in emergencies. Declaring a trade deficit isn’t an emergency; it’s economics 101. Trump’s tariffs weren’t just economically destructive, they were legally baseless. Courts rightly refused to hand over unlimited power to a single person. This ruling drew from conservative judicial doctrines like nondelegation and major questions, these philosophies embraced by Trump’s own judicial nominees. The ruling restores constitutional order by reminding everyone, including Trump, that tariff power belongs to Congress, not to the president’s whims.”
What Happens Next
The appeals court’s decision means Trump’s tariffs remain in place while the case is considered. It has ordered the plaintiffs to respond by June 5 and given the government until June 9 to issue a reply.
White House adviser Peter Navarro has said the administration is prepared to take the appeal to the Supreme Court if necessary. He told reporters on Thursday, “Even if we lose, we will do it another way.”
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