The Courts Can't Stop Donald Trump's Tariffs on China

September 27, 2020 Topic: Politics Region: Americas Blog Brand: The Reboot Tags: Donald TrumpChinaU.S.-China RelationsChina TradeTarrifs

The Courts Can't Stop Donald Trump's Tariffs on China

The best place to deal with the China tariffs is at home—in the United States.

 

A related question is whether a President Biden would sign legislation reforming the Trade Act of 1974 or the Trade Expansion Act of 1962 to close loopholes and rein in the excessive powers currently bestowed on the president. There aren't many examples of presidents relinquishing powers that have accrued to the Executive Branch, but maybe Biden (a long-time fixture in the first branch of government) is uniquely situated to understand the importance of Congress reasserting it's Article I authorities. 

Third, and most likely, regardless of who's president, tariffs on at least some imports from China (less than the current $360 billion) will remain in place until the Section 301 measures expire by law in 2022. 

 

This article first appeared at the Cato Institute.

Image: Reuters.