Last week, Donald Trump made headlines for suggesting a 10 percent tariff on foreign imports if he becomes president. Not only did this proposal attract criticism for its potential negative impacts on consumers and American businesses, but it also raised concerns about the president’s unilateral power to increase prices without Congress’s involvement. While it may be easy to forget, the Constitution does not grant the president the authority to impose tariffs or shape trade policy. However, Congress has effectively given away its trade-policy power to the White House over the past few decades, leaving little restriction on the president’s authority. Various laws, such as Section 232 of the Trade Expansion Act of 1962 and Section 301 of the Trade Act of 1974, grant the president the ability to impose tariffs under certain conditions. The vague language used in these laws allows presidents to exercise considerable discretion, as long as they make judgments about national security threats or unfair trade practices. Previous presidents have largely acted cautiously in using these powers, but Trump took advantage of the loopholes and issued numerous executive orders on trade during his presidency. He imposed tariffs on steel, aluminum, and Chinese goods, often justifying them with questionable reasons. However, these tariffs did not deliver the promised benefits to the U.S. economy. Instead, American businesses and consumers bore the cost, with estimates showing a $45 billion burden after three years of Trump’s administration. Furthermore, Trump’s tariffs disproportionately affected his own supporters, as retaliatory tariffs targeted areas that had voted for him. The real issue with these tariffs is not just their economic impact but the fact that they were effectively implemented based on the president’s whims. While the rise of the “imperial presidency” and congressional deadlock have led to the unilateral exercise of presidential power, trade policy should not be left solely to the president’s discretion. Congress can amend existing laws or pass new ones to restrict the president’s ability to impose tariffs. One potential solution is to set a time limit or a “sunset clause” on tariffs imposed by the president, requiring congressional approval for them to continue. Senator Mike Lee introduced a bill to do just that during Trump’s presidency, but unfortunately, it did not gain traction. While it may be challenging to pass such legislation due to prevailing protectionist sentiments, the issue at hand is not about whether to impose tariffs but rather about ensuring a balance of power and accountability. The president should not have unchecked authority to dictate what Americans pay for imported goods.
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