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Posted on 08/31/2025 6:07:39 PM PDT by karpov
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Presidential Authority over Trade: Imposing Tariffs and Duties
Tariff Act of 1930 §338(a):23 “The President when he finds that the public interest will be served shall by proclamation specify and declare new or additional duties as hereinafter provided upon articles wholly or in part the growth or product of, or imported in a vessel of, any foreign country whenever he shall find as a fact that such country—(1) Imposes, directly or indirectly, upon the disposition in or transportation in transit through or reexportation from such country of any article wholly or in part the growth or product of the United States any unreasonable charge, exaction, regulation, or limitation which is not equally enforced upon the like articles of every foreign country; or (2) Discriminates in fact against the commerce of the United States....”
Trade Expansion Act of 1962 §232(b)–(c):24 If the Secretary of Commerce “finds that an article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security,” then the President is authorized to take “such other actions as the President deems necessary to adjust the imports of such article so that such imports will not
threaten to impair the national security” (subject to certain procedural requirements).”
“Trade Act of 1974 §122:25 “Whenever fundamental international payments problems require special import measures to restrict imports—(1) to deal with large and serious United States balance-of-payments deficits, (2) to prevent an imminent and significant depreciation of the dollar in foreign exchange markets, or (3) to cooperate with other countries in correcting an international balance-ofpayments disequilibrium, the President shall proclaim, for a period not exceeding 150 days (unless such period is extended by Act of Congress)—(A) a temporary import surcharge, not to exceed 15 percent ad valorem, in the form of duties (in addition to those already imposed, if any) on articles imported into the United States; (B) temporary limitations through the use of quotas on the importation of articles into the United States; or (C) both a temporary import surcharge described in Subparagraph (A) and temporary limitations described in subparagraph (B).” This example clearly expresses a time period restriction (“for a period not exceeding 150 days”) and the permissible tariff range (“not to exceed 15 percent ad valorem”). This section also authorizes the President “to proclaim, for a period of 150 days (unless such period is extended by Act of Congress)—(A) a temporary reduction (of not more than 5 percent ad valorem) in the rate of duty on any article; and (B) a temporary increase in the value or quantity of articles which may be imported under any import restriction, or a temporary suspension of any import restriction.”
“Trade Act of 1974 §301:27 Delegates authority to the Executive to modify certain tariff rates when “the rights of the United States under any trade agreement are being denied” or “an act, policy, or practice of a foreign country ... (i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or (ii) is unjustifiable and burdens or restricts United States commerce.”
https://www.congress.gov/crs-product/R44707
Foreigners pay tariffs.
Who cares what they think.
North American Free Trade Agreement Implementation Act §201(a)(1)
(1993):31 “The President may proclaim—(A) such modifications or continuation of any duty, (B) such continuation of duty-free or excise treatment, or (C) such additional duties, as the President determines to be necessary or appropriate to carry out or apply [specified] articles ... of the Agreement.”
“Bipartisan Congressional Trade Priorities and Accountability Act of 2015
§103(a):35 “Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, priorities, and objectives of this chapter will be promoted thereby, the President ... may ... proclaim—(i) such modification or continuance of any existing duty, (ii) such continuance of existing duty-free or excise treatment, or (iii) such additional duties, as the President determines to be required or appropriate to carry out any such trade agreement.... The President shall notify Congress of the President’s intention to enter into an agreement under this subsection.” This authority is subject to the following restrictions: “No proclamation may be made under paragraph (1) that—(A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on June 29, 2015) to a rate of duty which is less than 50 percent of the rate of such duty that applies on June 29, 2015; (B) reduces the rate of duty below that applicable”
“In Cornet Stores v. Morton, a case involving a challenge to a presidential proclamation that imposed a 10% surcharge duty on certain imported merchandise in light of a declared national emergency, the plaintiffs sought recovery of the import surcharges they had paid, relying on the jurisdictional provisions of the Trading with the Enemy Act of 1917.37 Both the district court and the U.S. Court of Appeals for the Ninth Circuit dismissed the matter, finding it fell within the exclusive jurisdiction of the former Court of Customs and Patent Appeals Court (Customs Court), which has since been replaced at the trial level by the U.S. Court of International Trade (CIT).”
“Cornet Stores v. Morton, 632 F.2d 96, 97 (9th Cir. 1980).”
In 1928, a similar challenge was brought in the Customs Court in J.W. Hampton, Jr., & Co. v. United States. In Hampton, an importer challenged an increase in duties on certain imported goods as a result of a presidential proclamation issued under Section 315 of the Tariff Act of 1922, which provides:
[W]henever the President, upon investigation of the differences in costs of production of articles wholly or in part the growth or product of the United States and of like or similar articles wholly or in part the growth or product of competing foreign countries, shall find it thereby shown that the duties fixed in this act do not equalize the said differences in costs of production in the United States and the principal competing country he shall, by such investigation, ascertain said differences and determine and proclaim the changes in classifications or increases or decreases in any rate of duty provided in this act shown by said ascertained differences in such costs of production necessary to equalize the same.”
There may be more (Good Night to all):
https://www.congress.gov/crs-product/R44707
Read the Trade Act of 1974. This give authority.
The case was not decided on Constitutional grounds but on grounds of statutory interpretation—on whether the tariffs at issue fall within the laws Congress passed granting to presidents the authority to act on trade and tariffs (though of course certain Constitutional considerations are involved in the statutory interpretation).
Congress cannot hand over its plenary power to the executive branch of the government.
Trump uses tariffs as a bargaining chips to negotiate trade agreements with other countries. How can he negotiate, if they do not give him the power.
If Congress will set the tariffs we are doomed. They never agree on anything, especially if 60 senators have to second it. Dems will block everything, just for the sake of DJT syndrome.
Too much Democracy make countries impotent. Many countries collapsed because of that!
If everybody can veto everything, nothing will ever get done!
I have news for you, dude. Under the U.S. constitution, the federal government was inefficient and slow to act BY DESIGN.
The Trade Act of 1974 gives potus authority.
https://www.govinfo.gov/content/pkg/COMPS-10384/pdf/COMPS-10384.pdf
Trade Act of 1974 (excerpt)
SEC. 122. BALANCE-OF-PAYMENTS AUTHORITY.(a) Whenever fundamental international payments problems require special import measures to restrict imports—
(1) to deal with large and serious United States balanceof- payments deficits,
(2) to prevent an imminent and significant depreciation of the dollar in foreign exchange markets, or
(3) to cooperate with other countries in correcting an international balance-of-payments disequilibrium, the President shall proclaim, for a period not exceeding 150 days (unless such period is extended by Act of Congress)—
(A) a temporary import surcharge, not to exceed 15 percent ad valorem, in the form of duties (in addition to those already imposed, if any) on articles imported into the United States;
[...]
Rupert Murdoch’s rag.
WSJ = NYT = WSJ = WPOST spit
There’s no difference these days.
The WSJ picked up a lot of losers from the NYT and WAPO. It shows.
Wall Street can shove it. I used to subscribe. Not anymore.
Yes, but not that inefficient!
With the rules and court system as it is now, nothing can be done!
See California high speed rail.
Building new freeway? forget about it!
fair international trade? forget about it!
Execute heinous murderer? forget about it!
Remove illegal gang banger? forget about it!
An example how stuff used to be done - the guy who was trying to kill FDR and killed mayor Cermak on February 15, 1933, was executed after fair trial on March 20 1933.
Vs.
They guy who tried to kill President Trump at golf course?
Congress chose to delegate that power to the president, they did not delegate it to a district court judge.
a while back WSJ started hiring Politico-types...and the paper has suffered. after 30 years i cancelled.
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