The Supreme Court, in its tariff decision may have telegraphed to Congress they need to take more seriously its constitutionally assigned responsibilities.
Specifically, as related to the tariff ruling, the Court made clear the power to impose taxes and tariffs exclusively belongs to Congress. Chief Justice Roberts emphasized that “the Framers did not vest any part of the taxing power in the Executive Branch.”
The signal sent by the Supreme Court to Congress underscores that when major policymaking encroaches on core legislative authority, the Court expects Congress to be the institution that actually legislates.
Too often Congress has allowed Trump to assume the “power of the purse”. Let’s hope Congress listens to the court’s signal that it has the exclusive authority to decide how money is raised and spent. This is a significant principle in the separation-of-power.
Up to now it has appeared Congress (particularly) Republicans have been afraid to battle Trump. It’s time Congress takes seriously the power assigned to it by the Constitution. No longer should Trump be allowed to “steamroll” Congress.
Finally, it may be a good time to review the constitutional powers the founders gave to Congress.
Taxing & Spending
(Levy and collect taxes, duties, imposts and excises. Pay debt, provide for the common defenses & general welfare of the United States.)
Borrowing and Regulating Commerce
(Borrow money on the credit of the United States. Regulate commerce with foreign nations, among the states, and with Native American tribes.)
Money & Post Office
(Coin money and regulate its value. Establish post offices and post roads, punsh counterfeiting.)
Naturalization and Bankruptcy
Establish uniform rules for naturalization (citizenship) and establish uniform bankruptcy laws.)
Courts and Law
(Establish lower federal courts (below the Supreme Court.)
War and National Defense
(Declare war, raise and support armies, provide and maintain a navy and make rules for the armed forces. Call forth, organize, arm and discipline the militia.)
Washington, D. C.
(Exercise exclusive legislative authority over the federal district (Washington, D. C.)
The Necessary and Proper Clause
(Make all laws “necessary and proper” for carrying out the above powers.)
In addition to Article I, Congress has other constitutional responsibilities, such as counting electoral votes, proposing constitutional amendments, and conducting impeachment proceedings.
Let’s hope all of the noise which will be created as a result of today’s Supreme Court decision does not drown out the Signal to Congress…to take seriously the power the founders gave you.