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Bamboozled: What made anyone think the Trump tariffs were legal?
The American people deserve an explanation on how the president of the United States on April 2 last year announced the largest tariff package in modern history with no action by Congress. It is not the province of the president to set tariffs. This is entirely within Congress‘s power. It is true that the Congress has delegated the power to the president to use tariffs for certain limited purposes, but very selectively, and hedged with strict conditions.
The US Constitution is quite clear that tariffs are entirely Congress’s prerogative. How could what Trump did happen? How could it even be a matter for litigation to prove the point that it was unauthorized? Presidents have proposed tariff legislation, they have signed tariff bills the Congress has passed, and they have administered some tariffs selectively under delegated authority. They have never imposed a single tariff, whether on steel, semiconductors, or peanut butter, without first getting a grant of authority from Congress. Not in any one’s wild imagination (saving the current president) could a president impose across-the-board tariffs against all products from all countries, on any authority said to have been granted.
The US Constitution is quite clear that tariffs are entirely Congress’s prerogative. How could what Trump did happen? How could it even be a matter for litigation to prove the point that it was unauthorized? Presidents have proposed tariff legislation, they have signed tariff bills the Congress has passed, and they have administered some tariffs selectively under delegated authority. They have never imposed a single tariff, whether on steel, semiconductors, or peanut butter, without first getting a grant of authority from Congress. Not in any one’s wild imagination (saving the current president) could a president impose across-the-board tariffs against all products from all countries, on any authority said to have been granted.
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