Tariffs Are Article II Powers |
During the Supreme Court’s recent oral arguments regarding President Trump’s tariff policy, Justice Kavanaugh asked a profound question. And the answer should be the end of the debate.
What’s the difference between a tariff and an embargo?
No serious person disputes that a president may order a naval blockade or a full trade embargo in response to foreign threats. That authority flows directly from Article II control over foreign affairs and national defense. A blockade halts trade, disrupts supply chains, raises prices, and requires no prior approval from Congress.
Why? Because in a dangerous world, the executive must be able to act swiftly and decisively to protect the nation.
A tariff is simply the economic equivalent—a softer, more calibrated version of the same tool. A blockade stops goods at sea. A tariff slows dependency at the dock.
One uses force. The other uses price.
Both restrict flows. Both alter incentives. Both impose costs on adversaries. And both are designed to change hostile foreign........