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Opinion: How much can Trump do by himself to fix trade deals?
Market Watch ^ | Dec 21, 2016 9:05 a.m. ET | Caroline Baum

Posted on 12/22/2016 4:59:52 AM PST by expat_panama

Could Trump single-handedly tear up NAFTA or tax U.S. companies that outsource?...

...Trump calls himself a free-trader. That self-assessment would appear to depend on what the meaning of “free” is...

...Trump has flip-flopped on everything from political affiliation (Republican, Democrat, Independent) to issues (a woman’s right to choose) to wives (three so far). But the one constant dating back at least to the 1980s is his protectionist stance on trade...

...Does Trump have the unilateral authority to do what he says he will do under the power... ...as president of the United States?

The short answer is this: The president does have broad unilateral authority to negotiate trade deals...

...loads of impediments — legal, economic, political, practical — to the actual exercise of that power, including Congress’ role in approving any agreement negotiated by the president.

Let’s take a look at a few the more outrageous claims Trump has made and put them to the test.

1. “We’re going to have to impose a major tax on companies that leave”... ...the president does not have the authority to target individual companies with punitive taxes...

2. “I am going to instruct my Treasury Secretary to label China a currency manipulator.”... ...pointing a finger at China for trying to give its manufacturers a competitive edge...

3. “I’m going tell our NAFTA partners that ... ...America intends to withdraw from the deal... ...agreements are pretty “open-ended in terms of presidential authority,” but...

...Any attempt by Trump to withdraw unilaterally from NAFTA would have adverse economic repercussions...

...Trump’s standard refrain that NAFTA is “the single worst trade deal ever negotiated” isn’t supported by facts...

...NAFTA couldn’t have been that bad because it served as a “template or model” for the new generation of foreign-trade agreements negotiated by the U.S. and for subsequent multilateral agreements...

(Excerpt) Read more at marketwatch.com ...


TOPICS: Business/Economy; Foreign Affairs; News/Current Events
KEYWORDS: economy; investing; trade
Someone let me know if I missed something but I didn't see anything in there about the fact that historically Presidents have been able to unilaterally tear up whatever treaty they wanted w/ or w/o congress. Of course, making new treaties or renegotiating existing ones is a different matter...
1 posted on 12/22/2016 4:59:52 AM PST by expat_panama
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To: expat_panama

No, if the treaty was passed by Congress, as Nafta was, it’s a law. But if Mexico and Canada agree to renegotiate bits of it, then Nafta does allow for that.


2 posted on 12/22/2016 5:06:32 AM PST by babble-on
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To: expat_panama

one more in a long line of anti Trump bull shit!


3 posted on 12/22/2016 5:10:35 AM PST by The_Republic_Of_Maine (politicians beware)
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To: expat_panama

We are IN A TRADE WAR.

There is no such thing as a one-sided war.

We just need to fiht back.

Other countries are not as stupid as liberal democrats in the USA. They look at these insane deals they made, and say “HOLEECRUD LOOK AT WHAT THEY ARE LETTING US DO TO THEM!!!!!”

We just need to fight back and stop the idiocy.


4 posted on 12/22/2016 5:11:13 AM PST by Mr. K ( Trump kicked her ass 2-to-1 if you remove all the voter fraud.)
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To: expat_panama

http://opiniojuris.org/2008/02/27/can-president-obama-withdraw-the-us-from-nafta/


5 posted on 12/22/2016 5:14:03 AM PST by Sacajaweau
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To: Sacajaweau
But would opinionjuris.org give the same opinion if the question is "can predident Trump withdraw us from nafta?

I'm seriously asking. I'm not familiar with the site, so I do not know how fair and balanced (or possibly unbalanced) it is.

6 posted on 12/22/2016 5:29:33 AM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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To: babble-on
...if the treaty was passed by Congress, as Nafta was, it’s a law...

No it's not, it's a treaty and lots of presidents have just upped and cancelled 'em:

---and more recently:


7 posted on 12/22/2016 5:40:09 AM PST by expat_panama
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To: expat_panama
Thoughts from the other side of the coin:

NAFTA Has Practically Expelled Our Best Companies

8 posted on 12/22/2016 5:40:42 AM PST by upchuck (Obama once thought that he belonged to the ages. Now he belongs in the rubbish bin. h/t D.Greenfield)
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To: babble-on; expat_panama
"But if Mexico and Canada agree to renegotiate"

But it has always been the GOP that opposed renegotiating NAFTA, while the dems have always supported it.

After GHW Bush negotiated and signed NAFTA, many dems thought that the investor protections in Chapter 11 far exceeded the protections for labor and environment.

Bill Clinton would negotiate the parallel agreement to NAFTA that contained the protections for labor and environment, which were called the North American Agreement on Labor Cooperation and North American Agreement on Environmental Cooperation. These agreements and NAFTA would then be ratified by Congress and go into effect Jan 1, 1994.

But, these parallel agreements turned out to be toothless because they weren't written into NAFTA and the dems have been agitating since to renegotiate NAFTA and put the protections for labor and environment into NAFTA.

Mexico has already publicly stated that they have objections to renegotiating the protections for labor and environment.

There is a conspiracy theory among many democrats that the GOP is using the FTAs as a method to roll back the Great Society and the New Deal.

9 posted on 12/22/2016 5:42:58 AM PST by Ben Ficklin
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To: WayneS
"can predident Trump withdraw us from nafta?

It doesn't matter.  Past presidents have revoked treaties and nobody stopped 'em.  Another question is should he withdraw us.  Fine, but nobody's asking me.  My favorite question is will he withdraw us and Trump's talk these days is "renegotiate" not "withdraw". 

 

Fine w/ me.

10 posted on 12/22/2016 5:46:28 AM PST by expat_panama
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To: Ben Ficklin
...always been the GOP that opposed renegotiating NAFTA...

huh, I've heard the GOP oppose cancelling the treaty but renegotiating has been continuous business-as-usual since day one.

11 posted on 12/22/2016 5:48:35 AM PST by expat_panama
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To: expat_panama

President Trump will also have a phone and a pen.


12 posted on 12/22/2016 5:49:07 AM PST by IC Ken
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To: expat_panama
NAFTA is an agreement, not a treaty.

U.S. trade agreements such as the North American Free Trade Agreement (NAFTA), World Trade Organization agreements, and bilateral free trade agreements (FTAs) have been approved by majority vote of each house rather than by two-thirds vote of the Senate—that is, they have been treated as congressional-executive agreements rather than as treaties

13 posted on 12/22/2016 5:51:02 AM PST by JonPreston
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To: expat_panama

you’re flat wrong. It’s law, passed by congress, signed by Clinton in Dec 1993.


14 posted on 12/22/2016 5:52:49 AM PST by babble-on
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To: babble-on

But if Trump decided not to honor it and those countries would not renegotiate it, they would stand to lose more than the US.


15 posted on 12/22/2016 6:07:21 AM PST by Blood of Tyrants (Conservatives love America for what it is. Liberals hate America for the same reason.)
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To: Blood of Tyrants

We’re the largest market on the planet. They’ll be happy to renegotiate these unfair trade agreements. It’s either play fair, or eat their stuff.


16 posted on 12/22/2016 6:27:21 AM PST by JonPreston
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To: Blood of Tyrants

Well, the US economy would shut down completely throwing tens of millions out of work, but other than that, you’re right.


17 posted on 12/22/2016 6:51:27 AM PST by babble-on
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To: Mr. K

THANK YOU!!!

What we’ve been enduring for decades is far more akin to a skinny kid getting beat up on a playground than a ‘trade war’. Doing ANYTHING at all besides blindly accept lopsided ‘trade’ agreements and standing by with our thumbs up our behinds while companies offshore by the thousands would be a massive improvement.


18 posted on 12/22/2016 10:32:54 AM PST by Laser_Ray
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