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Power and the Constitution is The Rutherford Institute’s ongoing series examining how the actions of government—no matter who holds office—measure up against the limits set by the U.S. Constitution.



** November 5, 2025
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** Who Holds the Power to Tax? The Supreme Court Weighs the Limits of Presidential Power
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Today, the U.S. Supreme Court heard oral arguments over whether President Trump exceeded his constitutional authority by unilaterally imposing tariffs under broad “national security” powers.

While it may sound like an economic dispute, this case strikes at the heart of our constitutional order.

Under the Constitution, only Congress—the branch closest to the people—has the power to impose taxes and tariffs. Yet for decades, presidents from both parties have relied on vague emergency statutes to expand executive control over trade, budgets, and national security with little oversight.

The Framers debated this very issue during the Constitutional Convention of 1787. Having just thrown off a monarchy that ruled by decree, they vested the taxing and spending powers firmly in Congress—the branch most accountable to the people. As James Madison later wrote in The Federalist No. 58, “This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people.” It was meant to ensure that no president could spend—or tax—the nation into submission without the consent of its citizens’ representatives.

Whether it’s tariffs, surveillance, or the use of military force, every such expansion edges us closer to government by fiat—the very form of rule the Founders warned against.

The question before the Court is bigger than tariffs: it’s whether the limits on presidential power still mean what they say.

Cases: Learning Resources, Inc. v. Trump (Tariffs) ([link removed]) , Trump v. V.O.S. Selection ([link removed])

Source: [link removed]

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