Supreme Court rules against Trump on tariffs. [View all]

Article I, Section 8 of the U.S. Constitution vests the power to lay and collect tariffs with Congress. The Founding Fathers intended for legislative oversight on taxation, tariffs, and related financial matters, viewing tariffs as strategic levers to be used with caution and prudence.

Despite the forgoing, Justice Clarence Thomas writes in his dissent that "neither statutory text nor the Constitution provide a basis for ruling against the President." He added, "The Court has long conveyed to Congress that it may vest the President with large discretion in matters arising out of the execution of statutes relating to trade and commerce with other nations."

In other words, Thomas says the Constitution doesn’t say what it says. Alito and Kavanaugh also dissented.