Posted on 08/24/2019 6:59:49 AM PDT by Monrose72
While speaking to reporters on Friday, President Trump stated that he has “the absolute right” to order American businesses not to do business with China. Trump said, “Well, in 1977, we had an act passed, a national emergency act. I have the absolute right to do that. We’ll see how that goes, but I have the absolute right.”
(Excerpt) Read more at breitbart.com ...
I have this thought provoking book called “ You can’t do business with Hitler”, written in 1940 by the American business attache in Berlin. It basically says that you really aren’t dealing with individual companies in a dictatorship, you’re always making a deal with the government. They always come out ahead, and eventually you will lose your investment. So if you want to support Sino expansion in the far east, then do business with China. And make no mistake, at some point the Chinese military will want to use it’s new equipment. We should watch Hong Kong. I foresee China directly ruling Hong Kong soon. And they are really pissed about us selling China/Formosa modern jets. Formosa sees what china’s up to and wants to be ready.
A “national emergency” isn’t anything a person declares for the purpose of imposing their imperial will. If it is - if you are right - then we Americans have no rights and live under dictatorships. Benign or not.
The International Emergency Economic Powers Act (IEEPA) enacted by Democrat-controlled 95th Congress, and signed into law by Democrat President Jimmy Carter. Both Democrats, and Republicans have utilized this Bill. There are currently several active emergencies, ten of which were declared by Obama.
The question, for now, is what did President Trump actually "order?"
Trump said "...ordered to immediately start looking for alternatives to China..." Ordered to analyze future business cases? That's the hill to die on? Companies should already be doing this as a matter of long-term strategic planning.
Trump also said "...I am ordering all carriers... to search for and refuse all deliveries of Fentanyl..."
A Google search has revealed an interesting law called The Carriage of Goods by Sea Act, which is a part of Title 46 of the US Code.
The act itself was moved from 46 United States Code §§ 1300-1315 to a note in 46 United States Code §§ 30701, but it is still there.
Here is the interesting and relevant section of the US Code:
It does seem that the President has the power to suspend the shipment of harmful products into the United States according to this act.
“[SUSPENSION OF PROVISIONS BY PRESIDENT] “Sec. 14. Upon the certification of the Secretary of Transportation that the foreign commerce of the United States in its competition with that of foreign nations is prejudiced by the provisions, or any of them, of title I of this Act, or by the laws of any foreign country or countries relating to the carriage of goods by sea, the President of the United States may, from time to time, by proclamation, suspend any or all provisions of said sections for such periods of time or indefinitely as may be designated in the proclamation. The President may at any time rescind such suspension of said sections, and any provisions thereof which may have been suspended shall thereby be reinstated and again apply to contracts thereafter made for the carriage of goods by sea. Any proclamation of suspension or rescission of any such suspension shall take effect on a date named therein, which date shall be not less than ten days from the issue of the proclamation. “Any contract for the carriage of goods by sea, subject to the provisions of this Act, effective during any period when title I hereof, or any part thereof, are suspended, shall be subject to all provisions of law now or hereafter applicable to that part of title I which may have thus been suspended.
I think the use of the word "carriers" was intentional, because the President has the power to suspend contracts by carriers with foreign nations under this act (at least for carriage by sea).
Regarding the use of the word "order," that's likely intentional because it resonates with the people of China, who will hear that word and believe the President has the same authorities as Xi does to order the Chinese people to do what their government wants.
-PJ
President Trump said the Bill was enacted in 1977. I believe the Bill he is speaking of is the The International Emergency Economic Powers Act (IEEPA), enacted in 1977.
The only thing the federal government does to perfection is consume freedom.
-PJ
I applaud the presence of a backbone, I cringe at the thought of its abuse potential and require clarification in regards to its proposed application that would authorized any President to directly command the actions of a private corporation, business or entity.
I regards to American companies ceasing business with China, It would be a reasonable decision until trade relations improve or at least show signs of consistency.
I can only refer you to the 1977 law. If Trump can meet the conditions specified in the law, then he has the authority. I wouldn’t get my panties in a wad until he actually does something. And even if he did, you can expect his actions to be reviewed by the courts. Trump is not a dictator.
Do you know where there is a listing of the 136 specific powers granted by the National Emergency Act? All I can find is a limited list or citation of some of the individual USC authorizations.
The specific powers would be buried in all these USC citations and instead of trying to dig them out do you know of a summary?
-PJ
Maybe so but there is also a whole lot of collateral damage.
If it is the equivalent of Reagan saying the bombing starts in 30 minutes or whatever it is posturing but really disturbing to a lot and their money.
I also believe there is no such thing as a throw away comment. Nothing people say can fall into the category of “just kidding”. What they say is what they would do if given the chance and I am forever wary of those kinds of people and what they say.
I read it ages ago in high screwl on the advise of my American History teacher. It stuck with me.
All of the investment in China amazed and concerned me. All investment in unstable countries also bothered me. I watched companies like Exxon move into and then out of countries where they did not feel they had the full faith and support of the US gubment behind them and it is why I felt safe in going to work where Exxon would go.
I also have watched other companies go to places where I would not dare. For example, Unocal and their attempts to build a pipeline across Afghanistan while the Russians were still there even trying to do a deal with the Taliban. Greed often overlooks good sense.
I guess he could not have used the phrase, “strongly suggest”?
I do not have one whit of concern about the “order” to inspect packages for Feytanyl. The “order” to companies to look for alternatives to China is disturbing and out of line to me. I would not want any President to be able to to that. When does he propose the companies would prepare and present their consideration of alternatives? Would they become accountable to the President as of the time of his “order”? Sounds more like the war powers act and take over of the railroads in WWI.
It does seem to grant these broad powers that would allow him to declare a national economic emergency and suspend trade from China. I still don’t like what should be a warning given in terms of an order. Just not right.
Have you considered that the word "order" was meant for Chinese consumption? The people of China are used to being ordered around. Now their media will report Trump's words to the Chinese people, and they will come away with strong concerns.
We can deal with his use of the word [executive] "order," especially when he is warning American companies that he's about to make some executive orders regarding Chinese trade, backed by various commerce statutes, and it's in their best interests to prepare.
I have no problem with his use of the word "order," whether it's in the phrase "executive order" or for agitprop against our enemies.
-PJ
Yes, I have considered that as well as a lot of other things but realize speculation is a waste of time. Someone will be correct in speculation but never know it. What I do know is that what he said has been responded to with alarm. If his intent it to shake the footing of his opponent he has done that as well as to shake up most of the rest of us.
I do not subscribe to the theory expressed by so many in response to any criticism of Trump though; that he is just so much smarter than anyone he is acting in an arena of rarefied air that mere mortals can’t comprehend. Instead I think he must subscribe to orchestrating chaos so that only he knows what is really going on and that creates a wake of collateral damage. He may win in the end and the collateral damage may be repaired or it may not. What is important to him is that he wins.
Powell made a reasonable comment last week that it is impossible for the FED, no matter how much I hate them, to manage a stable economy with Trump pulling the strings on a roller coaster trade war. Neither is it possible for we mere investors to earn a return. In two years we have ridden a roller coaster and ended up at the boarding platform agian. People don’t like this and won’t let it go on for long after they find someone to pin it on.
Trump could stand to try a little more steady hand on the tiller or just announce that he is having none of that instead of trying to be the everyman. In fairness to Trump, I believe he did suggest from the outset that we are in for a rough ride for him to execute his programs.
Trump is taking a much more aggressive approach to his Presidency recently, and I can't say that I blame him. He knows that his first two years were stymied by a Democrat hoax of a coup, that Paul Ryan led an insurgency within his own party, and the media has no journalistic ethics as they bounce from one manufactured crisis to the next just to try to smear him to voters.
Have you noticed that he's even been taking on Obama directly these past few weeks? I think he's softening up the battlefield for 2020 by taking shots at his adversaries now, while he continues to fight the whole establishment over his agenda.
-PJ
One would think if China has been stealing from the
US and POTUS calls them out, that American
companies would want to leave and not have
to be “ordered” out. An EO could make it
illegal for any American compay to do business
with China. There are already countries on
that list.
Yes I agree. The time to ignore the court was when he first took office and announced the six nation travel ban. Following that order set the precedent that judges have the last say on everything and are in fact running the country.
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