0311
Diamond Member
LINCOLN — Nebraska Republican U.S. Rep. Don Bacon unveiled legislation this week to claw back Congress’ authority on tariffs from the White House.
nebraskaexaminer.com
LINCOLN — Nebraska Republican U.S. Rep. Don Bacon unveiled legislation this week to claw back Congress’ authority on tariffs from the White House.
His bill would require the president — any president — to notify Congress within 48 hours of imposing or increasing tariffs on imported goods, limit the duration of any tariffs to 60 days unless Congress approves extending them, and clarify that Congress can end any tariffs.
“The Constitution clearly gives the authority for taxes and tariffs to Congress,” Bacon said. “But for too long we have handed that authority to the executive branch.”
Bacon said in a statement that his proposed federal legislation is “less about the actual tariffs laid by the Trump administration, some of which I support because they are reciprocal, but more a commitment to uphold the Constitution.” Still, the timing of the bill is undeniable, with financial markets roiled and consumers still facing the prospect of higher prices.
The U.S. Constitution is very clear. Section 1, Section 8 gives the power to level tariffs to the Legislative Branch NOT the Executive. Trump once again exceeded his authority.
U.S. Constitution.
Article I.
Section VIII.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
o establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Trump cannot unilaterally usurp the power of the Legislative Branch. He must propose a law to impose tariffs. Tariffs can only be imposed with the Advice and Consent of the Legislative Branch.

U.S. Rep. Don Bacon proposes taking back Congress’s tariff power from Trump • Nebraska Examiner
Nebraska U.S. Rep. Don Bacon’s proposal comes on the heels of President Donald Trump's announcements on tariffs in both directions.

LINCOLN — Nebraska Republican U.S. Rep. Don Bacon unveiled legislation this week to claw back Congress’ authority on tariffs from the White House.
His bill would require the president — any president — to notify Congress within 48 hours of imposing or increasing tariffs on imported goods, limit the duration of any tariffs to 60 days unless Congress approves extending them, and clarify that Congress can end any tariffs.
“The Constitution clearly gives the authority for taxes and tariffs to Congress,” Bacon said. “But for too long we have handed that authority to the executive branch.”
Bacon said in a statement that his proposed federal legislation is “less about the actual tariffs laid by the Trump administration, some of which I support because they are reciprocal, but more a commitment to uphold the Constitution.” Still, the timing of the bill is undeniable, with financial markets roiled and consumers still facing the prospect of higher prices.
The U.S. Constitution is very clear. Section 1, Section 8 gives the power to level tariffs to the Legislative Branch NOT the Executive. Trump once again exceeded his authority.
U.S. Constitution.
Article I.
Section VIII.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
o establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Trump cannot unilaterally usurp the power of the Legislative Branch. He must propose a law to impose tariffs. Tariffs can only be imposed with the Advice and Consent of the Legislative Branch.