"The Constitution's checks and balances still work. Article One gives tariff authority to Congress. This was a common-sense and straightforward ruling by the Supreme Court. I feel vindicated as I've been saying this for the last 12 months, Bacon wrote on X, adding: In the future, Congress should defend its own authorities and not rely on the Supreme Court. Besides the Constitutional concerns I had on the Administration's broad-based tariffs"
"Any tariff has to be approved by Congress. That is what he wrote, and that's the majority position. The president today kept quoting the dissenting view, which is not law. Neil Gorsuch's position is law, Bacon told CNN's Brianna Keilar, adding: And so, bottom line, any tariff that the president wants to do has to go through Congress and be approved. That's the bottom line from this ruling. And I agree with that. That's what the founders wanted, and that's what Republicans should want."
The Supreme Court struck down emergency presidential tariffs and affirmed that Article One grants tariff authority to Congress. Legislation was proposed to return tariff power solely to Congress and broad-based tariffs were criticized as poor economic policy. Calls were made for Congress to defend its authorities rather than rely on the courts. The ruling establishes that any presidential tariff requires congressional approval and complicates efforts to impose a 10% global tariff under Section 122, reinforcing congressional control over trade measures.
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