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/DiabolicallyRandom 1d ago

It cannot apply to some issues and not others It can and has and does. I agree that "not via politics of the moment" but the constitution is clear on a great many things. Some things are reserved for the fed.

Anything NOT reserved for the fed is for the state.

All interpretations to date of the constitution stipulate international trade is regulated by the fed.

This was very intentional and explicit by the framers.

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u/jeebus87 1d ago

You are absolutely correct that the Constitution draws clear lines, international trade, foreign affairs, the regulation of commerce with foreign nations, these powers are unmistakably delegated to the federal government under Article I, Section 8. And yes, the framers were deliberate in that design, not only to present a unified front in international dealings but also to prevent economic fragmentation among the states.

But here is where the tension lies. While the authority to regulate international trade rests squarely with the federal government, the consequences of those regulations fall unevenly across the states. When a sweeping federal tariff policy disproportionately harms certain states, say, California’s agricultural or tech sectors, it is not unreasonable for those states to attempt to shield their residents from the economic fallout, even if their tools are limited.

You are also right that some issues must be federal. But when federal action produces harm, and state-level mitigation is met with resistance, it strains the credibility of appeals to federalism in other contexts. The hypocrisy arises not from a failure to understand constitutional boundaries, but from watching those boundaries expand and contract based on political expediency.

So yes, the framers gave international trade to the federal government. But the federal government must wield that authority with a sense of shared national stewardship, not as a blunt instrument that ignores the real, localized damage it inflicts. Otherwise, the states will understandably fight for breathing room, even if the Constitution gives them precious little of it. And that, too, is part of the ongoing American story.

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u/DiabolicallyRandom 1d ago

I'm all for multiple paragraphs, but none of this changes the realities. This is against the law. Being mad about it won't change that and the fed is permitted to enforce that law, including through use of force.

The tension creates political problems, not legal ones. The law is clear.

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u/Real-Front-0 1d ago

You are correct that the fed sets tariffs, but they are not set by the executive per Article I, Section 8 of the U.S. Constitution. The state has no obligation to collect illegitimate tariffs.