Posted on 03/28/2002 9:37:18 AM PST by Kay Soze
I am unclear on the tariff’s issues.
Does the president have the ability to post tariffs?
I understood ( US Constitution ) that congress was the only body with power to do such.
And as a side question after reading at The Heritage Foundation’s site on Fast Track Trade Promotion Authority - how could giving the executive branch TPA be constitutional?
But I really need to know if Bush can levy duties or tariffs on steel or Canadian lumber or do such actions originate with Congress and then rubber stamped by the Chief .
Thank you.
Keyser
I asked this question after Bush declared the steel tariffs. Look at posts 35 through 38 in this earlier thread to read the responses.
In summary, as I understand it, Congress has passed a law delegating to the President the power to adjust or compute tariffs, although he is supposed to make the adjustments by following the policy set out in the law. The Supreme Court has ruled that this arrangement is Constitutional. (I gather it's viewed as akin to the executive branch issuing regulations that implement the laws passed by Congress.)
It seems to me that a good argument could be made that, in practice, the President has nearly complete discretion as to whether or not to order a tariff, and that therefore this is no longer a matter of merely implementing the law as passed by Congress; if this is the case, I think it would not be covered by the Supreme Court ruling. However, I am not a lawyer, and, unless the Supreme Court actually hears this argument and rules in favor of it, the current law stands. Congress has delegated this power to the President.
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