The United States Supreme Court this week is considering the crucial constitutional argument of whether the president has the power to levy tariffs on foreign goods, or whether any such taxes on American consumers and businesses are purely in the purview of the Congress.
So it was the perfect time to ask Southern California House members, for our ongoing In-House Opinions project, this question:
In your view, does the president have the authority to impose tariffs under the International Emergency Economic Powers Act of 1977 “to address the national emergency posed by the large and persistent trade deficit”? In your view, are these tariffs truly in the economic interest of American consumers and businesses?
We polled 11 members of Congress through their press aides, and by our Thursday morning deadline, seven had responded. Missing in action, or perhaps without an opinion on a case President Trump calls “one of the most important in the History of the Country,” are Representatives Darrell Issa, Jay Obernolte, Luz Rivas and Derek Tran. Obernolte decided against answering questions on the president’s bombing of boats in the Caribbean, while San Fernando Valley Democrat Rivas has completely ignored back-to-back efforts to understand her views on the issues. Tran gave a non-answer on the boat-bombings and has now ignored questions on tariffs.
The others found the time to weigh in on the issue. Full responses can be read online.
Here are some excerpts:
Rep. Robert Garcia: “There are no coherent legal or economic justifications for Donald Trump’s reckless tariffs. While Americans struggle with the cost of living, Donald Trump’s tariff policy is jacking up prices on things we buy. These tariffs are nothing more than a tax on the middle class, working families, small businesses, and even domestic manufacturers.”
Rep. Pete Aguilar: “Donald Trump promised to lower costs on day one, but instead, he imposed global tariffs that have raised prices for Californians and Americans across the country. In order to carry out these sweeping and damaging tariffs, Trump illegally sidestepped Congress. The Constitution is clear: only Congress has the power to tax and tariff.”
Rep. Gil Cisneros: “Donald Trump has no authority to impose these devastating tariffs … I joined my House and Senate colleagues in an amicus brief before the Supreme Court to defend Congress’s Article I legislative powers and fight back against these chaotic tariffs that have made everything from groceries, to automobiles more expensive.”
Rep. Young Kim: “President Trump is projecting strength and has used his leverage to lower the trade barrier and gain market access for American businesses. Congress has a role to play on tariff policy and should have proper oversight to ensure tariffs are used strategically and in the national interest … tariffs can be applied strategically to strengthen America’s economy, expand our domestic supply chains, and create jobs here at home.”
Rep. George Whitesides: “The president does not have the authority under the IEEPA to unilaterally impose tariffs without Congressional approval. These tariffs are already driving up costs for small businesses in my district that depend on affordable parts and materials, and forcing consumers to pay more for the same product. That’s why I’ve advocated for a number of bills that would prevent any president — Democrat or Republican — from misusing emergency powers in this way.”
Rep. Mike Levin: “President Trump does not have the power to unilaterally impose devastating tariffs by using half-baked equations and declaring fake emergencies … Trump’s arbitrary tariffs are a tax on the American people and are raising costs for everyday goods.”
Rep. Ken Calvert: “We … must back policies that result in fair trade around the world for American businesses. Tariffs are one tool to change the behavior of our trade partners, like the Chinese who subsidize trade and manipulate their currency to create an uneven playing field.” Nowhere in a much longer response, fully available on our website along with his colleagues’, does Calvert address congressional authority.
This editorial board favors free trade and constraints on presidential power, so we are heartened by many of these responses highlighting the damage of Trump’s tariffs and Congress’ constitutional authority on trade. Others, not so much.