[labster]

There’s still a way out, the US Congress could convene over the weekend and revoke the President’s ability to impose tariffs. Restore it to Congress as stated in the constitution.

Of course they won’t do that. Sic transit gloria mundi.

[tayo42]

I started wondering if there's a way for citizens to push the issue that these tarrifs are unconstitutional. Like a lawsuit that got escalated to the Supreme Court or some thing if congress isn't going to.

Some of the senators are breaking away though.

If the country survives this though the next thing through executive order could be just as bad or worse. There doesn't seem to be any realistic way out of this insanity.

[otterley]

Such a lawsuit has already been filed: https://www.wsj.com/opinion/trump-tariffs-lawsuit-ieepa-simp...

[throwawaymaths]

are they unconstitutional? i imagine, like many things, congress has constitutionally saw fit to cede its authority to the executive many many moons ago

[Jtsummers]

They could be unconstitutional. The ability of Congress to delegate its authority to the President does have limits. If companies (the ones in a financial position to do this) sued, they'd have standing and could make their case. Whether it's successful or not would take a while to find out, and this is an instance where judges would likely leave the tariffs in place until the suit was settled in a court (before appeals) if the plaintiffs won.

[8note]

they could be unconstitutional, but does that matter? the executive gets to enforce whatever it wants however it wants. nobody has to listen to congress or the courts when the executive is all aligned on what theyre gonna do

[Jtsummers]

No, if it were ruled unconstitutional and the President continued to enforce the policies then Congress would be justified in impeaching and removing the President. This is unlikely to actually happen with the current Congress, however.

Could the President remain in office after an impeachment? Ask again in 2-3 years, but today, no. He'd be removed, no federal employee (civilian or military) would continue to take orders from him except perhaps his Cabinet and the DOGE boys. They all swear an oath to the Constitution, not to the man. In 2-3 years, though, could be a different culture.

[Majromax]

> I started wondering if there's a way for citizens to push the issue that these tarrifs are unconstitutional.

Anyone who imports and is assessed a tariff would have personal standing to sue, arguing that the tax is illegal. I think there are some procedural requirements first to e.g. formally complain, but the dispute would eventually get its day in court.

However, these tariffs are being applied at least under a thin veneer of law regarding declared emergencies. It's clearly beyond the intent of the law for Trump to do this, but it's hard to draw a bright line between this and (e.g.) ambitious environmental regulation.