(April 10)
Louisiana’s citizens need U.S. Speaker of the House Mike Johnson to stand up for their interests and exert Congress’ constitutional power and duty over trade and tariffs, not kowtow servilely to President Donald Trump.
Start with Johnson’s duty — indeed, the duty of every member of Congress, but especially that of the speaker as the guardian of Congress’ institutional prerogatives — to follow the letter and spirit of the Constitution. The Constitution could not be clearer: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises.”
Congress, not the president.
It is true that in several constitutionally dubious delegations of that authority, Congress has allowed the president some unilateral tariff powers — but even then only in cases of national “emergency,” when threats exist to national security, when foreign countries restrict U.S. commerce in “unjustifiable,” “unreasonable” or “discriminatory” ways, and the like.
And while those dubious grants of authority leave some wiggle room for interpretation, the words “emergency” and “national security” aren’t open-ended. They have real meanings, and those meanings do restrict the president’s power — especially when considering that they are clearly exceptions to the Constitution’s specificity about Congress, not the president, having authority over tariffs.
In other words, if there’s any doubt as to whether the president can impose a tariff without Congress’ specific assent, the answer must be “no.” Otherwise, the Constitution’s careful balancing of power begins to wobble in the direction of authoritarian presidential control. In this case, Trump is citing the “emergency” power excuse, even though there is no remotely reasonable way that a mere trade deficit, during a full-employment economy, fits any dictionary or statutory definition of “emergency.”
If there is any one person in the country most obligated to safeguard Congress’ authority and prerogatives vis-à-vis the president, it is the speaker of the House. The speaker’s office is specifically mentioned in the Constitution and, unlike the nation’s vice president (who shares executive and legislative duties), the speaker is the only specifically named officer who represents only the legislature’s institutional interests.
That’s the first reason why Johnson’s servility to Trump — in general, actually, but specifically with regard to Congress’ constitutional power over tariffs — is so inexcusable…. [The full column, including a reference to the late actor Robin Williams, is at this link.]
