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Why do we hear so much about the Trump administration deciding to impose and then remove tariffs?



The 2019 Stack Overflow Developer Survey Results Are InWhy are residential leases so much in favor of the landlord in the US?Why is the U.S. government allowed to grow and distribute marijuana?Why are SEC lawyers kept in the dark about surveillance and wiretaps?Can the state of New York arrest and/or prosecute President Trump during a time when Trump is still president?Can I modify a paper contract, and then mail it to the bank?Would a business that has no office in EU still have to worry about GDPR, and if so, why?Why are the promises President Trump made on the travel ban not relevant to determine whether the executive order itself is constitutional?Why does the US patent law have a section about inventions in outer space?Could the Supreme Court prohibit abortion? (And other misconceptions about overturning Roe v Wade)Why don't companies supply all of the needed information about their DMCA designated agents?










1















I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?










share|improve this question


























    1















    I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



    More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



    How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?










    share|improve this question
























      1












      1








      1








      I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



      More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



      How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?










      share|improve this question














      I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



      More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



      How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?







      united-states separation-of-powers






      share|improve this question













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      asked 3 hours ago









      Mason WheelerMason Wheeler

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          Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






          share|improve this answer
































            1














            The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
            https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



            You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



            The act that Trump's administration used is summarized here:





            To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
            https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








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              Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






              share|improve this answer





























                3














                Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






                share|improve this answer



























                  3












                  3








                  3







                  Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






                  share|improve this answer















                  Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.







                  share|improve this answer














                  share|improve this answer



                  share|improve this answer








                  edited 2 hours ago

























                  answered 2 hours ago









                  David SiegelDavid Siegel

                  16.7k3665




                  16.7k3665





















                      1














                      The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                      https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                      You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                      The act that Trump's administration used is summarized here:





                      To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                      https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








                      share|improve this answer





























                        1














                        The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                        https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                        You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                        The act that Trump's administration used is summarized here:





                        To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                        https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








                        share|improve this answer



























                          1












                          1








                          1







                          The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                          https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                          You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                          The act that Trump's administration used is summarized here:





                          To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                          https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








                          share|improve this answer















                          The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                          https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                          You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                          The act that Trump's administration used is summarized here:





                          To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                          https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp









                          share|improve this answer














                          share|improve this answer



                          share|improve this answer








                          edited 2 hours ago

























                          answered 2 hours ago









                          PutviPutvi

                          80418




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