r/politics • u/sweatycat New York • 1d ago

California to Negotiate Trade With Other Countries to Bypass Trump Tariffs

https://www.newsweek.com/california-newsom-trade-trump-tariffs-2055414
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u/Automatic-Wonder-299 California 1d ago

On One hand, that’s pretty unconstitutional

On the other hand, the constitution has already been shredded at this point, so who care

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u/GearBrain Florida 1d ago

Is it? Section 10 of the US Constitution:

Section 10: Powers Denied to the States

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Section 8, however:

Section 8: Powers of Congress

The Congress shall have Power To ...

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

As a layperson, it would appear to me that the Constitution does not prohibit a State from entering into a trade agreement. I would assume it would fall under "regulate Commerce with foreign Nations", but words don't mean anything anymore, so Newsome can just give Congress the bird and do it anyway.

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u/SpaceGangsta Utah 1d ago

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

I think that says they can’t.

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u/GearBrain Florida 1d ago

Trade deals wouldn't necessarily "lay an Impost or Duty" on imports or exports.

And the "except" clause gives a lot of wiggle room - in these modern days of Trumpspeak, Newsome can just say the trade deal is "absolutely necessary for executing" the state's inspection laws.

New inspection laws can be passed that says "do Trade Agreement stuff" and then, bam, it's Constitutionally legal.

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u/F_B_W 1d ago

If they don't redefine a lower importation duty but instead not collect any at all, it sounds like they would be executing that section to the letter.

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u/HowDoIEvenEnglish 1d ago

Negotiating exemptions from tariffs levied on American exports isn’t actually “lay[ing] any imposts or duties on imports or exports”

They also aren’t taking funds away from the fed.

CA cannot stop tariffs from being applied to imports coming into CA. That is clear. But there’s nothing in this passage that prevents them from negotiating exemptions with foreign nations as long as they don’t interfere with federal policy.

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u/MissionCreeper 1d ago

Honestly, I'd say they can refuse to collect the tariffs.  "Ship to this port controlled by California, we will collect the duties as they existed prior to the EO, and ignore Trump's new ones" Congress didn't pass the tariffs.  Constitution says they have to do it.

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u/sirhoracedarwin 1d ago

I think those are federal employees that work the ports

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u/linguist-in-westasia 1d ago

Ports of entry have federal customs personnel...bypassing them would give the federal government a legal reason to increase their presence in the state at and around ports, which they already have...

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u/MissionCreeper 1d ago

Hm, yeah thats a tough one.  Legislate payments to customs officials in exchange for ignoring illegal orders?  Is it a bribe if you initiate a payment to someone to not do something illegal?

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u/HowDoIEvenEnglish 1d ago

Wel sure but that’s just ignoring an illegal law. So legally there are no tariffs to ignore. And such an action would likely be blocked by courts until matter was settled. A state can’t choose to ignore legal tariffs, and aren’t ports of entry run by federal agents anyway, so it’s not like they have to listen to newsome.

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u/felldestroyed 1d ago

Conservative thinking here: it doesn't explicitly say the lack of duties. Only that more duties/impossible are illegal. Congress didn't impose the tariffs, ipso facto California can have free trade.

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u/StoicFable 1d ago

That was my thought too. Nice little legal loop hole.

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u/Ancient_Sentence_628 1d ago

I think that says they can’t.

Is that the same document that says every human in the country has a right against unreasonable search and seizure? You know the thing that doesn't apply anymore?

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u/BODYBUTCHER 1d ago

they just need the okay from congress, no laws necessary

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u/dohrk Oregon 1d ago

Which Co-president Dingus never got, he just issued an EO.

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u/Oreo_ 1d ago

Revision and Controul of the Congress

Says they can. Their funds are no longer subject to congressional oversight as laid out in the constitution. The constitution was an agreement between states. California has been agreeing to give it's import wealth to the US Treasury as long as they follow the constitution and the laws that are ALREADY in place. Unfortunately the executive branch has decided not to follow congressional laws and is making their own rules now. Sure an EO is not a law but when you are disappearing people off the streets when they disagree with your EO and congress and the judiciary allow it to happen. Well what's a law? Nothing really... Just an idea... Without enforcement -oh the fuck well.