Thursday, November 6, 2025

The US Congress Cannot Make a Law that Violates or Changes the US Constitution and, Therefore, It Cannot Pass a Valid Law that Cancels or Modifies Its Own US Constitutional Powers, Such as to Tax and Levy Tariffs, Without a Constitutional Amendment

The US Congress Cannot Abdicate, Reassign to Another Branch of Government or Change the Duties, Responsibilities and Authorities Assigned to It, Such as to Tax and Levy Tariffs, in and by the US Constitution, Nor Can It, by Congressional Federal Statutory Law (in which the US Constitution, the Foundational and Supreme Law of the USA, Confers Federal Law Making Authority and Rights Exclusively to the Bicameral US Congress, Whose Laws Are Subordinate Only to and Must Be Compliant with the US Constitution in Order for Them to Be Valid) Repeal or Change Those of the US Presidency or Judiciary, the Other Two Branches of the Federal Government, or Vice Versa Among Them, "Except Potentially, Theoretically, by a Constitutional Amendment Via the Constitutional Amendment Process Prescribed and Articulated in the US Constitution Itself"

I am compelled to say that the US president does not have extra-constitutional and above-the-law, above and beyond US Constitutional and US Congressional federal statutory law, authority, and that the US Congress cannot legally delegate or transfer its US Constitutional duties, responsibilities and authorities to the US president and executive branch nor to the judicial branch of the federal government, and vice versa among these, nor to any state or local government entity. This is because the US Constitution, the supreme law, authority and foundational charter of the Constitutional Bill-of-Rights Republic of the USA, from which all governance and employment titles and offices, functions and rights of the US government derive, enumerates, specifies and prescribes the constitutionally definitive, institutional jurisdictions, duties, responsibilities and authorities of each of these three branches of the federal government, thus confining them therein in the scope of their powers. Their constitutional powers can only be changed by the amendment process of the US Constitution prescribed in the US Constitution; however, the powers assigned in the Articles of Confederation of the US Constitution might not be subject to change even by the amendment process of the US Constitution.

Of immediate and priority relevance, the US Congress cannot legally transfer, delegate or lend to, or share with, in whole or part, the US president by its legislation and a congressional act of statutory law its US Constitutionally prescribed exclusive powers of imposing taxes, levies, excises and imposts (all inclusive of and subsuming tariffs, and all being taxes, or types of taxes), of declaring and authorizing war and acts of war and of making laws, without in the least, if legally possible for these constitutionally core institutional powers of the US Congress, an amendment of the US Constitution through the amendment process of the US Constitution prescribed within and by the US Constitution. Nor can any ruling by any court of the USA, including the US Supreme Court, legally and legitimately override or contradict the text, textual law, of the US Constitution.

All three branches of the federal government, as well as all other government entities and all citizens and residents of the USA, are subordinate and subject to all laws of the US Constitution and federal statutory laws of the US Congress that are compliant with the US Constitution. Neither the US president nor the US judiciary can make law, not by presidential executive orders by the US president, which are not laws but are policy and practice directives, that must be compliant with US Constitutional and Congressional statutory law in order for them to be valid, issued by the president to executive branch departments, agencies and personnel for their implementation of them within the presidential executive branch of the federal government, nor by judicial rulings, which must be compliant with and uphold and enforce foremost US Constitutional law, and, subordinate to it, Congressional federal statutory law.

Bottom line: The US Congress, which is and whose laws are subordinate to the US Constitution, cannot make a law that violates or changes the US Constitution and, therefore, it cannot pass a legally valid law that cancels or modifies its own US Constitutional powers, such as to tax and levy tariffs, without doing so by the constitutional amendment process prescribed and articulated in and by the US Constitution itself.

Furthermore, fiscal and taxing authorities of the federal government are US Constitutionally the exclusive jurisdictional authorities of the US Congress. Legislation and law-making are US Constitutionally the exclusive authority of the US Congress but share jurisdiction (lopsidedly in favor of the US Congress) with the US president in the legal enactment process for their enactment into laws as they, US Constitutionally, are subject to the veto or signature of approval, and enactment or not into official law, of the US president, whose veto, nonetheless, US Constitutionally the US Congress can override with two-thirds majority votes of passage and directly enact into official federal statutory law. As regards the US military, US Constitutionally the US Congress has the exclusive authority to constitute, fund, provision and regulate it and its branches and authorize its acts of war and declare war, whereas US Constitutionally the US president is its and its branches commander in chief by virtue of his incumbency as US president, yet is US Constitutionally still answerable and accountable in that role to the US Congress, in which the US military is differentially their shared jurisdiction, subject to US Congressional oversight, warfare-control, and accountability.

The concepts of the US president being a unitary executive (called the unitary executive theory) and having plenary powers are not stated directly nor indirectly nor explicitly nor implied in the US Constitution. They absolutely are shyster, legalistic pseudo-intellectual concoctions and hoaxes that mean dictator and dictatorial powers and are politically peddled by those seeking and favoring dictatorial power for themselves or their incumbent politician US president, invariably a Republican or MAGA Republican.

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