Wisconsin Man Says in Lawsuit Trump's Tariffs 'Unconstitutional' Delegation of Power
A Wisconsin man filed a pro se lawsuit at the Court of International Trade challenging the president's ability to impose tariffs, arguing that any attempt by the president to levy import duties represents an improper delegation of power under the U.S. Constitution. The individual, Gary Barnes, said imposing tariffs "is not within the jurisdiction of the President's duties," noting that the power to levy tariffs rests solely with Congress (Gary L Barnes v. United States President Donald Trump, CIT # 25-00043).
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The complaint, mailed to the court Feb. 3, cites sections 7 and 8 of Article I of the U.S. Constitution, which specifically give the powers of raising money and imposing tariffs to Congress. Barnes said one branch of the U.S. government "cannot arbitrarily take over the specific constitutional duties of another branch of the United States Government."
Barnes added that the president takes an oath to uphold the Constitution, noting that the oath is listed in the Constitution. As a result, every time President Donald Trump issues an executive order that cuts against the Constitution, "he is breaking the law," the complaint said. Barnes said the recent 10% tariff imposed on products from China thus violates the separation of powers found in the Constitution, adding that Trump's tariffs violate the right of U.S. citizens "to hold their representatives accountable in an election every two years should their representatives enact legislation that impacts their lives negatively."
In claiming damages, Barnes said both he and his wife live on a "small pension" and Social Security income, meaning tariffs will affect their "standard of living." In addition, he said the tariffs will put an "indirect tax on United States citizen's income" via an increase in the cost consumers pay for products, be a "hidden tax" on citizens' incomes, undermine the separation of powers and undermine the balance of powers.
The complaint added that the tariffs violate the right of U.S. citizens "to have their Congressional Representatives impose taxes that impact their lives, through product price increases." Barnes argued that the unilateral imposition of tariffs is "like that of a king or dictator."
The suit ultimately seeks a preliminary and permanent injunction on the collection of "unconstitutional tariffs that have been imposed by President Donald Trump."