alt Hacker NewsArticle 1, section 8 of the Constitution makes it the job of Congress, not the President, to levee taxes.
When Donald Trump didn't run his tariffs through Congress he blatantly violated separation of powers. In normal times this would be 9-0 ruling from the Supreme Court for being so open and shut and it would not have taken over a year for the decision, but those times have passed.
Or maybe, this wasn't a tax.
The expression "this is a tax on..." is analogy for purposes of deciding if this tax was legal based on the process for enacting new taxes.