Commentary
Are tariffs always taxes? When does a statute granting powers to the president go too far?
Viewpoints
Opinion
The Trump Tariffs: Explaining the Constitutional Complexities—Part I
According the Constitution’s framers, tariffs are regulations of foreign commerce, not taxes. But that doesn’t tell us whether the president can impose them.
President Donald Trump holds a chart as he delivers remarks on reciprocal tariffs during an event in the Rose Garden entitled "Make America Wealthy Again" at the White House on April 2, 2025. Brendan Smialowski/AFP via Getty Images
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution” (4th ed., 2025). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.” He also researched and wrote the scholarly article “Virgil and the Constitution,” whose publication is pending in Regent University Law Review.
Author’s Selected Articles
