RodISHI
Platinum Member
- Nov 29, 2008
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I got to wondering about this after reading all the comments about president Trump's recent tariffs; and the claim that what he is doing is beyond the scope of the president's legal powers. Curious about that accusation I looked up what actual lawful powers he has in this matter. I believe he is doing the right thing on these tariffs for China at the moment but is it lawful? (I hope he is not being a hypocrite and has pulled his own business interests out of there too)
One of my considerations in pondering this all since last night is. "what exactly is war now since so many things have been labeled such?" A lot of people have claimed that the next world war would not be with weapons of violence but with cyber weapons and economies in the balance. Since war has been relabeled in this modern era it would seem president Trump could call for a tariff to be established and since Congress is ineffective in doing its duty in this matter the president appears to me to be in the right place in considering it all a security issue.
Trump's Legal Authority to Impose Tariffs
The bottom line: while earlier instances of unilateral tariff impositions by the Trump Administration (on goods from China, on all steel and aluminum imports, etc.) were all premised on broad presidential authority granted in various trade-related statutes (e.g. Section 301 of the 1974 Trade Act), Trump is basing his power to impose the new Mexican tariffs (scheduled to go into effect on June 10) on "the authorities (sic) granted to me by the International Emergency Economic Powers Act (IEEPA)."
The IEEPA [full-text here] kicks in once a national emergency has been declared with respect to an "unusual and extraordinary threat … to the national security, foreign policy, or economy of the United States." The IEEPA then gives the president facing such emergency the power to:
regulate … or prohibit … any … transportation, importation, or exportation of … any property in which any foreign country or a national thereof has any interest … or with respect to any property, subject to the jurisdiction of the United States.
The Reciprocal Trade Agreement Act of 1934 | US House of Representatives: History, Art & Archives
For update years etc...Reciprocal Tariff Act - Wikipedia
Trading with the Enemy Act of 1917 - Wikipedia
National Emergencies Act - Wikipedia
Worth watching
Cambria CEO Marty Davis analyzes the root of the trade imbalance with China and President Trump’s efforts to address the problem.
One of my considerations in pondering this all since last night is. "what exactly is war now since so many things have been labeled such?" A lot of people have claimed that the next world war would not be with weapons of violence but with cyber weapons and economies in the balance. Since war has been relabeled in this modern era it would seem president Trump could call for a tariff to be established and since Congress is ineffective in doing its duty in this matter the president appears to me to be in the right place in considering it all a security issue.
Trump's Legal Authority to Impose Tariffs
The bottom line: while earlier instances of unilateral tariff impositions by the Trump Administration (on goods from China, on all steel and aluminum imports, etc.) were all premised on broad presidential authority granted in various trade-related statutes (e.g. Section 301 of the 1974 Trade Act), Trump is basing his power to impose the new Mexican tariffs (scheduled to go into effect on June 10) on "the authorities (sic) granted to me by the International Emergency Economic Powers Act (IEEPA)."
The IEEPA [full-text here] kicks in once a national emergency has been declared with respect to an "unusual and extraordinary threat … to the national security, foreign policy, or economy of the United States." The IEEPA then gives the president facing such emergency the power to:
regulate … or prohibit … any … transportation, importation, or exportation of … any property in which any foreign country or a national thereof has any interest … or with respect to any property, subject to the jurisdiction of the United States.
The Reciprocal Trade Agreement Act of 1934 | US House of Representatives: History, Art & Archives
For update years etc...Reciprocal Tariff Act - Wikipedia
Trading with the Enemy Act of 1917 - Wikipedia
National Emergencies Act - Wikipedia
Worth watching
Cambria CEO Marty Davis analyzes the root of the trade imbalance with China and President Trump’s efforts to address the problem.