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Opinion

The Trump Tariffs: Explaining the Constitutional Complexities—Part 1

The Constitution’s ratifiers distinguished tariffs as taxes from trade tools—now the court must decide whether the president can impose them.
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The Trump Tariffs: Explaining the Constitutional Complexities—Part 1
President Donald Trump holds a chart as he delivers remarks on reciprocal tariffs during an event titled "Make America Wealthy Again" at the White House on April 2, 2025. Brendan Smialowski/AFP via Getty Images
Rob Natelson
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Commentary
Part 2 of this series can be read here. 
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Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor, is Senior Fellow in Constitutional Jurisprudence at the Mountain States Policy Center and the Independence Institute. He authored “The Original Constitution” (4th ed., 2025) and is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”