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In November 2026, the U.S. will hold midterm congressional elections. The potential outcomes range from a continued Republican unified government (control of the Presidency, House, and Senate) to a divided government where President Trump faces Democratic majorities in the House and or Senate.

Artificial intelligence (AI) depends on physical infrastructure. Behind every new AI chatbot, image generator, essay writer, or music maker, there are buildings full of computers that must be built, fueled, cooled, and connected to the power grid.

In previous briefs, Everything Policy has examined presidential authority and legislative authority. Here, we examine a cross-branch issue of authority, the power to impose tariffs. The Constitution explicitly grants Congress tariff authority. However, Congress has passed laws allowing the President to impose tariffs without any additional congressional consent. Is this power limited, and, if so, how?