It’s unconstitutional for Trump to impose tariffs

[ABX]

To sum up, he has not gone to Congress for any of these as required by the Constitution.

Mr. Trump seems to have ridden roughshod over the Constitution with respect to tariffs.

In Article 1, Section 8, it says “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general welfare of the United States, but all Duties, Imposts and Excises shall be uniform throughout the United States.”
.....
https://www.mercurynews.com/2018/03/14/letter-its-unconstitutional-for-trump-to-impose-tariffs/

[Suppressed]

Congress has given the President authority to make adjustments to some tariffs under the Trade Expansion Act of 1962.  For example, see https://www.law.cornell.edu/uscode/text/19/1981

He conducted the steel and aluminum ones under https://www.law.cornell.edu/uscode/text/19/1862 I think.

IANAL.

[ABX]

Congress has given the President authority to make adjustments to some tariffs under the Trade Expansion Act of 1962.  For example, see https://www.law.cornell.edu/uscode/text/19/1981

He conducted the steel and aluminum ones under https://www.law.cornell.edu/uscode/text/19/1862 I think.

IANAL.

Note section 2 of that requiring he submit these to Congress within 60 days of implementation.

In some ways this is similar to the war powers act allowing emergency action but it still requires then going to Congress for approval after the fact.

It also begs the question if these were implemented for emergency purposes. As they haven't been submitted to Congress, it is hard to have a public review.

[INVAR]

Yeah well, it was unConstitutional for Obama to do half the shit he did, but Congress looked the other way or applauded it with approval of the courts and WALA!  A REAL Imperial Presidency!

Embrace the suck, because that precedent is now permanent policy.