Congress has power, but the issue of will

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President Donald J Trump addresses a joint session of Congress as Vice President C.

Japin Potford Washington Post Gety pictures

president Donald Trump It is on tariff Burning – and it is not clear if Congress I will try to stop it even because it has the potential power to do so.

Trump unveiled a global tariff system on Wednesday, with a 10 % blanket duty to almost every country on this planet and ignored dozens of them at much higher tariff rates.

The emerging policy permit immediately explodes in the United States and around the world, which increased the recession and leads to aggressive revenge by China.

The new American import duties have followed other protective policies that Trump published, which slows the definitions as an economic treatment, since he took office in January.

Trump identification forces

Trump Executive order The implementation of the so -called mutual definitions says that he derives his authority to work from four sources in the United States Law.

Among them is the Economic Forces Law in International Emergency Cases and the National Emergency Law.

The president who uses these laws can be alongside declaring a state of emergency and then imposes relevant definitions.

Wednesday declared a national emergency in response to what he called “an extraordinary and unusual threat” to the American economy and security.

This threat depends on the “local economic policies of major commercial partners and structural imbalances in the global trading system,” says.

Trump is the first president to use IEPA to impose definitions, according to Congress Research Service.

The law was called for the first time in February when it announced a new tariff for Canada, Mexico and China.

A tariff of powers from branch to branch

Under the constitution of the United States, the authority to impose taxes and tariffs is directly within the legislative branch.

Article 1, Section 8 Among the constitution, “Congress must have the authority to set and collect taxes, duties, strikes and media”, as well as “to regulate trade with foreign countries.”

But Congress enacts laws that give the president some powers of customs tariffs. The courts have supported this authority in general.

In the first days of the United States, customs duties were the main source of government for revenue.

Even after the sixteenth amendment, which was ratified in 1913, the federal income tax was carried out, the definitions remained valid.

After its economic power is one of the Great Depression and the SMOOOT-HWLEY Law, the Congress gave the president some space for definitions.

“The main reason was that it was not practical to them,” Scott Bombwe, editor -in -chief of the National Constitution Center, said in an interview by phone, referring to the legislators.

There are now at least six federal laws that delegate some customs tariff authorities to the president, according to Congress Research.

What does Congress do?

As the sale of the stock market was deepened, some of the two parties began to definitions of Trump to appear.

Four members of the Republican Senate – Mitch McConneel and Rand Ball from Kentucky, Susan Collins from Maine, Lie Mogovsky from Alaska – voted on Wednesday along with all 45 Democrats and independents to pass a measure Trump’s tariff banned On Canadian imports.

“There will be a tremendous economic sorrow in this country,” said democratic Senator Tim Kane of Virginia, who composed this decision.

“Donald Trump has started his position with the most powerful economy in the world,” Kane said. NBC News. “He has, within two months, with the saw and the definitions that turned it into one with clear red lights and question marks. We have to use the tools at our disposal to get it to do a rotation.”

and Party Senate Bill The introduction on Thursday would force the president to give Congress 48 hours before the imposition of a new tariff, and allowing the Congress 60 days to either approve these duties or allow them to end.

“For a very long time, Congress delegated his clear authority to regulate trade between states and foreigners to the executive authority,” Senator Chuck Grassley, R-IOWA, said in a statement on Thursday.

“On the basis of my previous efforts as Chairman of the Finance Committee, I joined the Senator (Maria) Kanwell to present the party of party trade review for the year 2025 to reaffirm the role of the constitutional Congress and ensure that Congress has a voice in commercial policy.”

But while Congress can pass the legislation that cancels or restricts the president’s introductory powers, it is unclear whether legislators will do so.

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It is possible that any attempts to curb Trump in the right veto.

It is unlikely that the House of Representatives and Khokha are exceeding one, much less than whether the House of Representatives will vote to support the Senate Command measures in the first place.

Trump called The efforts made to retract the tariff of Canada, “a trick” “not going anywhere because the house will never agree to it and I, as your boss, will never sign it.”

The most applicable way to challenge the Trump tariff through the courts.

federal suit On Thursday in Florida, he argued that Trump’s former use of IEPA to impose a wide tariff on Chinese imports is unconstitutional.

This emergency law “does not allow the president to impose a tariff on the American people,” as the alliance of new civil freedoms, which is the conservative advocacy group, argues in that lawsuit.

The legal challenge may pose a more threat to Trump than current Congress. But Congress research service Notes The precedent of the judicial “gave the president a wide to exercise his introductory powers.”



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