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," Article V - Amendment Process | Constitution Center
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, duties, excises and imposts (all being inclusive of and subsuming tariffs, and all being taxes, or types of taxes, https://www.msn.com/en-us/news/politics/trump-s-lawyer-at-the-supreme-court-cites-a-letter-from-james-madison-that-says-tariffs-are-taxes/ar-AA1Q1b2H?ocid=socialshare), Overview of Taxing Clause | Constitution Annotated | Congress.gov | Library of Congress, of declaring and authorizing war and acts of war, Power to Declare War | US House of Representatives: History, Art & Archives, and of making laws, U.S. Senate: Constitution of the United States, 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, Overview of Taxing Clause | Constitution Annotated | Congress.gov | Library of Congress, without doing so by the constitutional amendment process prescribed and articulated in and by the US Constitution itself.
Furthermore, fiscal (taxing-and-spending), monetary and commerce authorities of the federal government are US Constitutionally exclusive jurisdictional authorities of the US Congress Overview of Taxing Clause | Constitution Annotated | Congress.gov | Library of Congress. Legislation and law making also 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 official laws, as they, US Constitutionally, are subject to the veto or signature of approval, for their 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 for their legislative passage and thereby directly enact them into official federal statutory law, U.S. Senate: Constitution of the United States. 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, Power to Declare War | US House of Representatives: History, Art & Archives.
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.
Click-on-to-view References
Overview of Taxing Clause | Constitution Annotated | Congress.gov | Library of Congress
Power to Declare War | US House of Representatives: History, Art & Archives
U.S. Senate: Constitution of the United States
Enumerated powers - Wikipedia -- Enumerated US Constitutional powers of the US Congress
Article V - Amendment Process | Constitution Center -- Amendment process of the US Constitution
Author’s reply
If the revenues are collected incidentally to or from Trump’s tariff policy on imports (a contradiction in terms in denoting that the deliberate punitive tariff means of the President to execute his policy of punishing the imports, by raising the prices on them and lessening their price and purchase competitiveness in the USA marketplace, are the policy’s side effect, in the form of imposing punishing revenue-collection charges on the foreign imports that are paid to the US Treasury at their entry into the USA by US importers who subsequently pass them on to their customers as price increases, is plainly loophole, subterfuge, sham reasoning to arrogate and usurp unconstitutionally the exclusive constitutional authority and prerogative of the US Congress to do the same thing, or not, as it deems fit on its own or at the request of the US president), then the tariffs must not be imposed and revenue must not be collected from them whatsoever, as doing the affirmative infringes on and violates the US Constitutional authorities of the US Congress to tax, by any type of tax, and raise and collect revenue. In addition, the US Constitution assigns the authorities of the regulation of commerce and trade to the US Congress. In both regards, the concerned authorities are US Constitutionally those of the US Congress. The US president cannot incidentally or by design impose tariffs and collect tariff revenue without authorization of the per-instance tariff recipient or per-instance of a list of tariff recipients -- revocable at will or by a date of expiration set by the US Congress -- by legislative votes of each of the two bodies of the bicameral US Congress sufficient for instituting the tariff/s in either case.
Also check out:
"That's Just Not True": Ted Lieu Corners Kash Patel Over The Epstein Files, Dismantles His Attempts To Protect Trump In House Hearing
Click on the link to view the related short real-life news audio-video:
https://www.msn.com/en-us/news/politics/that-s-just-not-true-ted-lieu-corners-kash-patel-over-the-epstein-files-dismantles-his-attempts-to-protect-trump-in-house-hearing/vi-AA1Ph5h8?ocid=socialshare
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