The most telling moment during Wednesday’s arguments before the Supreme Court on President Donald Trump’s tariffs came when Justice Neil Gorsuch walked the attorney representing the administration into a corner.
Under the theory of executive branch power advanced by the White House, couldn’t the president “impose a 50 percent tariff on gas-powered vehicles and auto parts to deal with the unusual and extraordinary threat from abroad of climate change?” Justice Gorsuch asked. Solicitor General John Sauer acknowledged this was the case.
In other words, Mr. Sauer argued that a president has the unilateral authority to levy a tax without the consent of Congress. But the Constitution says otherwise, giving the legislative branch the power to raise revenue. To declare otherwise is to undermine

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