Who Should Control Tariffs: Congress or the President?
In Learning Resources v. Trump (2026), the Supreme Court ruled the President can't use emergency powers to impose tariffs, ending those tariffs and reaffirming that tariff power belongs to Congress. The President still sets some tariffs under other trade laws, like Section 122, which caps them at 150 days unless Congress votes to extend. The question is back before Congress: reclaim control of tariffs, or leave the President room to act. Where do you stand?
Weigh in
The case for
Supporters of congressional control say the Constitution assigns trade and taxing power to Congress, tariffs are taxes that raise prices on families, and decisions this big deserve open debate and a recorded vote rather than one person acting alone.
Source: Cato Institute (favors congressional control) →The case against
Supporters of executive flexibility say a President needs to move fast and speak with one voice to negotiate with other countries, and that requiring a congressional vote on every tariff would tie the country's hands at the bargaining table.
Source: Supreme Court dissent (argued the President holds this authority) →My Democracy doesn’t take a side — you choose your position below, and your message carries it. Sources represent one organization on each side; they don’t reflect My Democracy’s position.
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What’s your position?
Both sides are laid out above. Your message will carry your position — My Democracy doesn’t take a side.