SCOTUS Tariffs Ruling is a Victory for Checks and Balances

In response to today’s Supreme Court ruling that President Trump’s unilateral tariffs are unconstitutional, Issue One Legislative Director Jamie Neikrie provided the following statement:

“Today’s Supreme Court ruling is a victory for preserving our democracy and upholding the powers of Congress as defined by the Constitution.

“Our founders explicitly granted Congress the power to ‘regulate commerce with foreign nations.’ Their authority over trade — and the tariffs that flow from it — is clear, and today’s decision sends a powerful message that no president can sideline the people’s representatives by imposing sweeping global tariffs with nothing more than the stroke of a pen. That’s not how our system of checks and balances is meant to function. As today’s 6-3 majority opinion affirmed, the power to regulate trade resides with the people’s branch, as the founders intended.

“Going forward, Congress should take this as a clear sign to reassert its constitutional authority and ensure that no president can circumvent the legislative branch to consolidate power and govern unilaterally. We urge legislators in Congress to follow the lead of their colleagues who introduced the bipartisan, comprehensive Trade Review Act of 2025 and pass this critical legislation. But this can’t end with trade. Congress must also reclaim its war powers, limit the president’s deployment of the National Guard, and set clearer rules for declaring and extending emergencies. Until Congress recommits to its constitutional role, the balance of power will continue to tilt in the very way the founders warned us against.”

Background

In September 2025, Issue One released the We the People policy platform, with six enduring, nonpartisan recommendations designed to protect our freedoms, hold presidents accountable, and restore the balance of power between the president and Congress. Restoring Congress’s authority over trade was among the recommendations listed. Also, in September 2025, a poll conducted by YouGov on behalf of Issue One found that a majority of voters (56%) do not believe that the president should be able to impose unilateral tariffs without congressional approval.

Both the policy platform and the poll are part of Issue One’s Check the Exec campaign, which aims to address the danger that unchecked executive power presents to our democracy and bring people together across party lines to make Congress do its job.