Author Topic: Congress Handed to the President the Power to Level Tariffs  (Read 234 times)

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Offline endicom

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Congress Handed to the President the Power to Level Tariffs
« on: March 05, 2018, 02:33:23 pm »
National Review
Jay Cost
Mar. 5, 2018

A republic needs a legislature that can handle such tasks. We don’t have one.

Trump’s decision to impose new tariffs on steel and aluminum imports set off a rash of commentary over the last week — most of it on the economics of the action. Though I’m dispositionally a free-trader, I do not presume technical expertise on the economics of the matter, so I’ll leave that to others.

Instead, I want to draw out from Trump’s decision an answer to a question that is not immediately obvious: Why in the world does the president have the power to levy tariffs in the first place?

Do not look to the plain text of the Constitution for an answer. Article I, Section 8 says:

The Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.

More... https://www.nationalreview.com/2018/03/tariffs-congress-handed-president-power-to-levy/

Offline INVAR

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Re: Congress Handed to the President the Power to Level Tariffs
« Reply #1 on: March 05, 2018, 05:08:31 pm »
The Republican Congress surrendered it's duties and authority to President Obamas regime, helping to create a truly Imperial Presidency.
Fart for freedom, fart for liberty and fart proudly.  - Benjamin Franklin

...Obsta principiis—Nip the shoots of arbitrary power in the bud, is the only maxim which can ever preserve the liberties of any people. When the people give way, their deceivers, betrayers and destroyers press upon them so fast that there is no resisting afterwards. The nature of the encroachment upon [the] American constitution is such, as to grow every day more and more encroaching. Like a cancer, it eats faster and faster every hour." - John Adams, February 6, 1775

Offline EasyAce

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Re: Congress Handed to the President the Power to Level Tariffs
« Reply #2 on: March 05, 2018, 06:49:38 pm »
The Republican Congress surrendered it's duties and authority to President Obamas regime, helping to create a truly Imperial Presidency.
It didn't start during the Obama regime. It seems, according to the article cited in the OP, to have been a gradual kind of migration
until the 1920s:

From the article:

Conservative Republicans recaptured control of the government in the 1920s, and when the Depression hit, they naturally
looked to industrial protection (which had been a staple of GOP politics up to that point). But, as with the experiments with
protectionism in the 1820s, this endeavor spiraled out of control, creating a massive logroll that jacked up tariff rates with
no rhyme or reason. Herbert Hoover signed the so-called Smoot-Hawley Tariff of 1930 despite grave misgivings. He was
right to doubt its merits: Smoot-Hawley worsened the Depression and helped Franklin Roosevelt win a smashing victory.

FDR brought with him to office the old Democratic favoritism toward free trade, but also decidedly Wilsonian views on the
relations between president and Congress. He encouraged Congress to transfer authority on trade matters (as well as most
regulatory matters!) to him. This time, the legislature agreed. It was as if Congress threw up its hands in exasperation and
said to the president, “We cannot handle our authority responsibly. Please take it off our hands, for we will screw things up
and lose reelection.”

So more and more over the past 80 years, authority over tariffs, as well as over all manner of properly legislative functions,
has migrated to the executive branch, away from the legislative — even in instances (such as this aluminum-and-steel case)
where there is no compelling or immediate foreign-policy mandate. Trump’s move is purely a play for aggrieved industrial
workers, who should, in the constitutional schema, look to Congress and not the president for redress of their grievances.

And this is exactly the problem with our government in 2018. Nobody looks to Congress for redress of grievances anymore,
for it would be foolish to do so! Nobody respects Congress. Nobody likes Congress. Congress, at least to judge from its
members’ constant campaigning against it, does not even much like itself. Congress has systematically shrugged power off
its shoulders over the past 80 years, and it inevitably screws up the handful of authorities it retains, such as income taxes
and “discretionary” spending. The legislature is manifestly incapable of managing the burdens of a modern economy.


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