A Year After 'Liberation Day,' Trump's Tariffs Will Never Be Legitimate Without a Vote in Congress

This article critiques Trump's tariffs primarily on constitutional and democratic legitimacy grounds rather than partisan economic grounds. While the author opposes the tariffs and frames them as 'foolish' and 'unpopular,' the core argument centers on separation of powers and the need for legislative process—a concern that transcends partisan affiliation. The piece cites Justice Gorsuch (a Trump appointee), acknowledges Republicans' silent acquiescence, and uses the historical McKinley example to argue tariffs *themselves* are not illegitimate, only their executive implementation.

Primary voices: Supreme Court justice, President (quoted), polling data, historical records

• This article does not address Trump's stated national security rationale for invoking IEEPA, which the administration argued justified executive tariff action.
• This article does not discuss potential counterarguments about executive flexibility needed for trade negotiations or response to foreign trade practices.
• This article does not explain why Congress historically delegated trade authority to the executive through statutes like IEEPA and Section 122, or whether those delegations reflected deliberate policy choices.