The question here is not whether congress has to pass something, the question is can congress delegate this authority which is explicitly set by the constitution.
There were a bunch of sentences regarding non delegation of powers of congress, mainly for federal agencies, and courts deciding that congress can't delegate those faculties, so, by the book, this would be a similar situation. There is actually an ongoing case for this aspect of the discussion:
There were a bunch of sentences regarding non delegation of powers of congress, mainly for federal agencies, and courts deciding that congress can't delegate those faculties, so, by the book, this would be a similar situation. There is actually an ongoing case for this aspect of the discussion:
https://www.theguardian.com/us-news/2025/apr/07/trump-tariff...