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ARTICLE · 02 OCTOBER 2024

Across-The-Board Tariffs: Can A U.S. President Do That?

Cassidy Levy Kent LLP
Cassidy Levy Kent LLP
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Cassidy Levy Kent LLP

Cassidy Levy Kent LLP

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The 2024 U.S. Presidential Election cycle has seen renewed discussion of just how much tariff-making authority Congress has delegated to the executive branch.

United StatesInternational Law
Thomas M. Beline
Thomas M. Beline
James E. Ransdell
James E. Ransdell
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"Number one, I don't need them. I don't need Congress {to impose tariffs}."
– Donald J. Trump at a campaign rally in Pennsylvania (Sept. 23, 2024)

The 2024 U.S. Presidential Election cycle has seen renewed discussion of just how much tariff-making authority Congress has delegated to the executive branch. In addressing the prospect of an across-the-board tariff on imported goods advocated by former President Trump's presidential campaign (as opposed to targeted tariff measures for leaving the U.S. dollar as reserve currency also advocated by the Trump campaign), commentators have identified a threshold question — does the executive branch have legal authority to do such a thing?

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