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
92.0k Upvotes

93% Upvoted

6.5k comments sorted by

View all comments

Show parent comments

4

u/OwlMirror 1d ago

Section 301 of the Trade Act of 1974 does in fact gives the President that power. Why should that law not be constitutional? I am by no means an expert, but if it were unconstitutional would the SC not have declared it as such by now? Can the congress not delegate powers?

2

u/okram2k America 1d ago

Article I, Section 8, Paragraph 1 of the constitution:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

This is not the first case of congress delegating it's powers that are spelled out in the constitution to the executive, and afaik the supreme court has said they can. My point is that the power is spelled out as theirs which means should they chose to they can override any and all of these and take away the president's power to issue any more tariffs.

3

u/GhostlyTJ 1d ago

Correct if I'm wrong but in the continuing resolution that was just passed, part of it was lifting what few restrictions that existed on the executive branch to levy tariffs. That is probably why they followed through now. This is the first beginning of a month where there were no grounds on which to sue to block the tariffs.

3

u/OwlMirror 1d ago

I agree, if congress decides to take back these delegated powers, it absolutely should be able to do so. But calling it a violation is what I have issues with, as you just stated, congress delagting its powers to the executive branch is not a violation.