The lawsuit to re-establish Congress as the tariff authority where The U.S. Court of International Trade ruled in May 2025 that the President exceeded his authority has been affirmed by the U.S. Appeals Court but has been allowed to stay in place while the Supreme Court reviews the case. In the meantime House Speaker Mike Johnson could resolve this by reasserting the power of Congress granted by the Constitution to regulate foreign commerce and impose tariffs by bringing up legislation that replaces the ninety nine chapter Tariff Trade Schedule with a simple 10% import duty on all products from all countries. This new legislation would also codify the President’s power to temporarily impose additional rates above the 10% for certain countries but not specific products. A KISS (Keep it Simple Stupid) approach should be taken by Congress on this legislation making it free of exceptions with regard to product and country and thereby eliminating a giant swath of the government and private legal community interpreting and enforcing arcane issues that benefit the few and well connected.
A recent Wall Street Journal headline stated that President Trump’s hastily drafted trade accords leave questions about the terms and when they apply. It is the Speaker’s obligation to the Constitution to assert the power of Congress to constrain the President from making difficult to enforce mercurial decisions and bring a steady hand where U.S. Importers can make long term business plans. The President should be allowed to temporarily charge only additional rates on countries, but for simplicity not on individual products. It is suggested that Congress assert its power to regulate trade by reviewing the President's additional charges on specific countries every year with the intent of eliminating them as soon as possible.
As an importer having dealt with the complexities of regulation on trade one can not stress enough to President Trump that he is bringing trade to a standstill with his mercurial decision making. The chief benefit of Speaker Johnson taking back the power of Congress in Tariff legislation is that it would give both U.S. importers and exporters the confidence to proceed. It is incomprehensible how a real estate mogul who knows last minute change orders in building plans are costly does not understand that the same applies to international trade.
Trump’s Economic Agenda Hinges on the Supreme Court’s Tariff Ruling
Tony Romm and Ana Swanson
Reporting from Washington
No comments:
Post a Comment