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/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.