Matt Levine’s Money Stuff: The Tariffs Are Illegal

May 29, 2025, 4:01 PM UTC

Regulating importation

The legal problem with President Donald Trump’s tariffs is that the United States has a Constitution, and the Constitution says that Congress has the power to impose tariffs and the president doesn’t. This is not some weird technicality; this is just what the Constitution says. “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises,” and “To regulate Commerce with foreign Nations.” But Congress did not pass President Trump’s “Liberation Day” tariffs on April 2, or any of the various up-and-down permutations since then. That was all him, acting by executive order.

Congress did pass ...

Learn more about Bloomberg Tax or Log In to keep reading:

See Breaking News in Context

From research to software to news, find what you need to stay ahead.

Already a subscriber?

Log in to keep reading or access research tools and resources.