PASS LEGISLATION TO LIMIT PRESIDENTIAL TRADE
AUTHORITY PUTTING THE POWER SQUARELY WITH
CONGRESS WHERE IT CONSTITUTIONALLY BELONGS
"The Congress shall have power...
To regulate commerce with foreign nations, and among
the several states, and with the Indian tribes."
Article I, Section 8, Clause 3 (a.k.a. The Commerce Clause)
THAT'S THE UNITED STATES CONSTITUTION. It's pretty clear, right? Nevertheless, in May of 2018 Donald Trump imposed tariffs on imports by invoking Section 232 of the Trade Expansion Act of 1962. Section 232 is a provision that allows the president to bypass Congress and levy tariffs on the grounds of national security.
THIS IS OUTRAGEOUS....AND STRAIGHT-UP UNCONSTITUTIONAL
Trump's using Section 232 to impose these tariffs was absurd on its face. There was absolutely no national security threat that justified his actions. We are a constitutional democracy for crying out loud! The abuse of presidential power has gotten completely out of control (read more here). And this started long before Donald Trump.
It's true that, under Article II of the Constitution, the president has the "power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” However, that only means that the president has the authority to negotiate international trade agreements – NOT AUTHORITY OVER INTERNATIONAL COMMERCE AND/OR TRADE. The United States Congress is THE ONLY body that has authority to regulate foreign commerce and impose tariffs, but Congress refused do what Trump wanted. So, vualá. We all of the sudden have some sort of national security situation.
All of this is not only unconstitutional, it is a complete violation of World Trade Organization (WTO) rules. If a country has a valid national security concern, Article XXI of the WTO treaty is a security exception that allows member countries to take "any action which it considers necessary for the protection of its essential security interests." Again, that is clearly not the case here.
Congress should pass legislation immediately to limit presidential trade authority.
The legislation should require a congressional review whenever a president invokes Section 232 and should be retroactive for two years.
