Your question is a bit loaded, so I softened it a bit: In what circumstance does the President have the constitutional authority to levy tariffs?
The Constitution gives Congress, not the President, the power to levy tariffs. Article I, Section 8 authorizes Congress to “lay and collect Taxes, Duties, Imposts and Excises” and to “regulate Commerce with foreign Nations.” Courts have said the President does not have inherent constitutional power to impose tariffs in peacetime.
The President may impose or adjust tariffs only if Congress has delegated that authority by statute, and only under the conditions those laws set. Examples of such laws include:
Section 232 of the Trade Expansion Act of 1962 (national-security findings by the Secretary of Commerce)
Sections 201 and 301 of the Trade Act of 1974
Other trade statutes Congress has enacted over time
This is a summary of official legal descriptions, not legal advice. For the congressional overview, see Congressional Research Service, Congressional and Presidential Authority to Impose Import Tariffs.
And I gave it a follow up question: does the President currently carry that authority?
No. The President does not have inherent constitutional authority to levy tariffs in peacetime. That power belongs to Congress under Article I, Section 8.
The President can act only under statutes Congress has passed, and only as those laws allow.
On February 20, 2026, the Supreme Court held in Learning Resources, Inc. v. Trump that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. The Court also stated that the President has no inherent peacetime tariff power.
Other statutes still on the books can, in defined circumstances, authorize presidential tariff action after required findings or procedures. CRS lists examples such as:
Section 232 of the Trade Expansion Act of 1962
Sections 122, 201, and 301 of the Trade Act of 1974
Section 338 of the Tariff Act of 1930
The 2026 ruling did not decide those other statutes. For CRS’s overview, see Congressional and Presidential Authority to Impose Import Tariffs and LSB11398. This is not legal advice.
So the second prompt basically repeated what it stated previously.