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/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/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/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?