“Executive flexibility is necessary for trade”
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Tariff policy—taxes on imported goods—has traditionally been set by Congress under the Constitution's Commerce Clause, but presidents have increasingly used executive authority to impose tariffs unilaterally, citing national security and trade emergency powers. This shift has sparked legal and political debate about whether the executive branch has overreached, with courts and lawmakers questioning whether Congress has improperly delegated its constitutional power. The question matters now because recent administrations have used tariffs as a primary trade tool, raising concerns about accountability and the proper balance of power between branches.