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
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.