OPINION:
In a typically brittle view of the Constitution (“Trump’s tariffs raise constitutional questions about presidential taxation power,” Web, April 9), former Judge Andrew Napolitano claims Congress cannot empower the president to set tariffs with foreign countries.
Under the Constitution, Congress is given power to levy tariffs not only to raise revenue, but also to provide for the common defense and the general welfare of the United States. It is also given power to “regulate commerce with foreign nations.” The president is put in charge of national security and our relations with foreign nations. Read together, these provisions create a shared congressional and presidential power to deal with other countries in commercial matters. In a catch-all provision, Congress is empowered to make laws “necessary and proper” to implement its enumerated powers and all powers vested in any department or officer of the United States. This obviously includes the president. The Supreme Court has given very broad scope for determining what is necessary and proper.
Given these provisions, Congress is not delegating its power when it authorizes the president to set tariff schedules that establish or impact commercial or political relationships with foreign countries. It is making laws it deems necessary and proper to implement a power it shares with the president.
JIM DUEHOLM
Washington
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