Key Takeaways

• David Frum warns that unchecked tariffs could undermine the Constitution.
• He argues tariffs are taxes that only Congress can approve.
• Historical examples show why this rule matters.
• Frum highlights the huge sums collected by recent tariff actions.

David Frum, once a speechwriter for President George W. Bush, sounded a stark warning on MSNBC. He said that if the Supreme Court allows President Donald Trump to use tariffs without Congress, our constitutional order could collapse. In simple words, he believes Trump’s trade actions threaten a core American principle.

Why Tariffs Need Congress Approval

Tariffs are simply taxes on imported goods. The Constitution puts all tax powers in the hands of Congress. The Founders placed this rule in Article I for a clear reason. They feared that if any president could raise money alone, the balance of power would vanish.

According to Frum, “The executive cannot impose taxes without the consent of the legislature.” He reminds us that this idea has deep roots in English and American history.

What History Teaches Us

First, consider 17th-century England. King Charles I tried to raise money by imposing taxes on trade. Parliament fought back. When the king refused to back down, Parliament went as far as cutting off his head. That shocking act showed how vital tax limits were to a free society.

Next, look at the American Revolution. Colonists protested “taxation without representation.” They objected to taxes imposed by King George III. Those complaints helped start the war for independence.

Thus, Frum stresses that the rule on taxes is not a modern invention. It was central to both British and American struggles.

How Massive Tariffs Became “Illegal Taxes”

President Trump has imposed new levies on steel, aluminum and various imports. Frum calls these “illegal taxes” because they lack congressional approval. He notes that tariffs are no different from other taxes in the Constitution’s eyes.

To show the scale, Frum compares recent tariff receipts to a popular tax break. Under the 2026 budget deal, Trump promised no tax on tips through 2028. That break costs about thirty-two billion dollars over those years. Yet in August alone, the Trump administration collected roughly thirty billion dollars from new tariffs. In effect, the “holiday” from taxes was canceled by these new levies.

Frum argues such massive sums cannot be ignored. If a president can raise thirty billion dollars a month in tariffs, Congress loses real control over federal money.

The Constitutional Stakes

If the Supreme Court upholds Trump’s tariff power, what happens? Frum believes Article I loses meaning. No part of the Constitution would stop a president from imposing taxes at will. The balance between branches would collapse.

Moreover, future presidents could claim similar powers. There would be no limit on how much they could tax without law. Every open door to extra revenue would shift power from lawmakers to the executive branch.

What’s at the Supreme Court Right Now

The Court is weighing a case over the president’s authority to set tariffs. Lower courts have split on whether Trump’s actions are legal. Some judges say he has broad power under a 1970s law. Others say that law does not override Article I.

In the coming weeks, the justices will decide whether to side with Trump or to protect congressional tax power. Frum warns that this ruling could shape the future of American government.

Why This Matters to You

You might not trade goods with other countries. Yet tariffs affect prices on everyday items. In fact, higher import taxes often mean higher costs for consumers.

If the Court favors unchecked tariff power, future presidents might raise taxes without lawmakers. That change could touch every person who buys goods from abroad. In short, the decision could matter to every American.

Keeping Government Balanced

The U.S. Constitution divides power among three branches. Congress passes laws, the president enforces them, and the courts interpret them. Tariffs show why this balance exists. Only Congress can decide when to tax, and how much.

When one branch takes over another’s role, the system falters. Frum warns that allowing the president to tax without approval would break the structure the Founders built.

Looking Ahead

Soon, the Supreme Court will speak. If it limits presidential tariff power, Congress’s role stays strong. If not, the president gains new control over federal revenue.

Either way, the debate shines a light on how our democracy works. It shows that even technical legal questions can have huge effects on daily life.

Conclusion

David Frum’s warning is blunt. He says that if Trump’s tariff actions stand, they will undermine the Constitution’s most basic rule on taxes. History shows why this rule matters. Now, the Supreme Court must decide whether to protect the balance of power or to let a president reshape it. In the end, this case may prove as important as those British and colonial battles over taxation centuries ago.

Frequently Asked Questions

What exactly are tariffs?

Tariffs are taxes on goods brought into a country. They can protect local industries or raise government money.

Why does Congress need to approve tariffs?

The Constitution gives all tax powers to Congress. This rule prevents the executive branch from raising money alone.

How can tariffs affect everyday life?

Higher tariffs often raise prices for products consumers buy. That can change the cost of living and impact budgets.

What could happen if the Supreme Court allows unchecked tariff power?

A ruling for the president might let future leaders impose taxes without Congress. That would shift power away from lawmakers.