Justice Kagan Questions Trump DOJ on Tariffs as Article 2 Power

Article 2 vs. Article 1 Powers

• ❓ Justice Kagan questioned whether the President's authority to impose tariffs falls under inherent Article 2 powers or is a quintessential Article 1 power related to taxes and foreign commerce regulation.
• 🏛️ The Solicitor General argued that the President possesses broad inherent authority in foreign affairs, citing cases like Egan, Gar Mendy, and Curtis Wright.

Nature of the Tariffs

• ⚖️ The defense distinguished between revenue-raising tariffs and regulatory tariffs, asserting that the tariffs in question are regulatory and not primarily for raising revenue.
• 💡 The incidental raising of revenue was presented as secondary to the tariffs' effectiveness in achieving their goals.

Combined Presidential and Congressional Authority

• 🤝 The argument was made that the President's inherent Article 2 powers are layered with sweeping delegations of authority from Congress.
• 📜 This combination, including Article 1 tools like regulating foreign commerce, forms the basis of the executive action.