Sen. Rand Paul, a Kentucky Republican, has raised constitutional and economic concerns over President Donald Trump’s controversial tariff policies. During an interview on ABC’s The Week, Paul criticized the administration’s approach as an ‘economic fallacy’ and questioned the legality of imposing tariffs without congressional approval, a stance shared by some other Republicans. He argued that tariffs are essentially taxes, which increase the cost on consumers, resulting in higher prices. Paul emphasized that the only trade that means anything is the individual who buys something, and that by definition, if it’s voluntary, it is mutually beneficial, or else the trade doesn’t occur.
When asked about the legality of Trump’s tariffs, Paul seemingly sided with a constitutional provision citing Congress’s authority over taxation. He pointed out that while the courts have allowed such measures in the past, most tariffs in our history have been passed by Congress. This has raised legal questions about whether President Trump is exceeding his delegated power by imposing tariffs unilaterally. The Kentucky Republican has joined a growing list of legal challenges against the administration’s policies, which have been criticized for upending the constitutional order and bringing chaos to the American economy.
Paul is one of a few Republicans who hesitated to rally around Trump’s ‘Liberation Day’ tariffs on foreign trading partners, which the administration rolled out in early April. However, after a series of back-and-forth retaliatory measures, China and the U.S. came to a preliminary deal to significantly lower the levies on each other earlier this month. There are several legal challenges brewing against Trump’s tariffs, including a recent lawsuit led by New York Democratic Attorney General Letitia James and the top prosecutor of 11 other states. The lawsuit asserts that the policies have ‘upended the constitutional order and brought chaos to the American economy.’
Other plaintiffs include members of the Blackfeet Nation in Montana, the New Civil Liberties Alliance in Florida, the Liberty Justice Center in the U.S. Court of International Trade, and California Gov. Gavin Newsom. Courts have previously upheld the legality of tariffs when they’re based on congressional authority, but Trump’s decision to impose tariffs by himself has raised legal questions about whether he is exceeding his delegated power. Paul also raised another constitutional question, asking if Congress can delegate the powers given to it under the Constitution to the president, a broader issue that continues to be debated in legal and political circles.