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Goldwater Institute Urges Supreme Court to Strike Down Unconstitutional Tariffs

Strategic Insights

— 1 min read

The Goldwater Institute, in partnership with the John Locke Foundation and the Dallas Market Center, has filed a brief with the US Supreme Court, urging it to strike down the "Liberation Day" tariffs imposed by the President. The brief argues that the tariffs exceed the President's authority and threaten fundamental constitutional values. The tariffs have been criticized for increasing costs for American consumers and alienating international allies, with the Wall Street Journal reporting that the White House is quietly watering down some of the tariffs.

Key Takeaways:

  • The Goldwater Institute's brief argues that the President's authority to impose tariffs is limited by the Constitution, which grants Congress the power to lay and collect taxes, duties, imposts, and excises.
  • The brief claims that the federal statute IEEPA only allows the President to investigate, block, regulate, direct, and compel, but does not grant the authority to impose taxes on Americans.
  • The Institute argues that there is no emergency under IEEPA to justify the tariffs, as the United States has run a trade deficit since 1976 and Congress has passed numerous laws to deal with this issue.
  • The brief also points out that courts regularly rule on the existence of emergencies and that trade imbalances are not necessarily emergencies, but rather a natural consequence of a high standard of living in the United States.
  • The Institute's brief highlights the importance of checks and balances in the federal system, noting that the founding fathers were aware of the dangers of allowing a single person to impose taxes on the country without meaningful oversight.

Statistics:

  • The United States has run a trade deficit since 1976 (Source: Goldwater Institute brief).
  • The Goldwater Institute's brief argues that the tariffs have increased costs for American consumers and alienated international allies (Source: Wall Street Journal).
  • The Supreme Court has not yet ruled on the constitutionality of the "Liberation Day" tariffs (as of the brief's filing date).

Sources:

  • Goldwater Institute brief: "Congress Not the President Sets Taxes, Including Tariffs"
  • Wall Street Journal: "White House Quietly Watering Down Tariffs" (no date provided)

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