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Why do we hear so much about the Trump administration deciding to impose and then remove tariffs?



The 2019 Stack Overflow Developer Survey Results Are InWhy are residential leases so much in favor of the landlord in the US?Why is the U.S. government allowed to grow and distribute marijuana?Why are SEC lawyers kept in the dark about surveillance and wiretaps?Can the state of New York arrest and/or prosecute President Trump during a time when Trump is still president?Can I modify a paper contract, and then mail it to the bank?Would a business that has no office in EU still have to worry about GDPR, and if so, why?Why are the promises President Trump made on the travel ban not relevant to determine whether the executive order itself is constitutional?Why does the US patent law have a section about inventions in outer space?Could the Supreme Court prohibit abortion? (And other misconceptions about overturning Roe v Wade)Why don't companies supply all of the needed information about their DMCA designated agents?










1















I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?










share|improve this question


























    1















    I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



    More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



    How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?










    share|improve this question
























      1












      1








      1








      I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



      More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



      How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?










      share|improve this question














      I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



      More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



      How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?







      united-states separation-of-powers






      share|improve this question













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      asked 3 hours ago









      Mason WheelerMason Wheeler

      1094




      1094




















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          Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






          share|improve this answer
































            1














            The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
            https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



            You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



            The act that Trump's administration used is summarized here:





            To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
            https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








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              Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






              share|improve this answer





























                3














                Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






                share|improve this answer



























                  3












                  3








                  3







                  Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






                  share|improve this answer















                  Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.







                  share|improve this answer














                  share|improve this answer



                  share|improve this answer








                  edited 2 hours ago

























                  answered 2 hours ago









                  David SiegelDavid Siegel

                  16.7k3665




                  16.7k3665





















                      1














                      The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                      https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                      You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                      The act that Trump's administration used is summarized here:





                      To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                      https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








                      share|improve this answer





























                        1














                        The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                        https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                        You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                        The act that Trump's administration used is summarized here:





                        To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                        https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








                        share|improve this answer



























                          1












                          1








                          1







                          The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                          https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                          You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                          The act that Trump's administration used is summarized here:





                          To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                          https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








                          share|improve this answer















                          The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                          https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                          You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                          The act that Trump's administration used is summarized here:





                          To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                          https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp









                          share|improve this answer














                          share|improve this answer



                          share|improve this answer








                          edited 2 hours ago

























                          answered 2 hours ago









                          PutviPutvi

                          80418




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A History of the Indian-Subcontinent from 7000 BC to AD 1200The Kashmir Series: Glimpses of Kashmiri Culture – Vivekananda Kendra, Kanyakumari (p. 57).Al-Hind: Early Medieval India and the Expansion of Islam, 7th–11th CenturiesHistory of GopāchalaLand of Two Rivers: A History of Bengal from the Mahabharata to MujibEuropean Trade and Colonial ConquestA History of IndiaA Comprehensive History Of Ancient India (3 Vol. Set)"The Last Years of Cholas: The decline and fall of a dynasty"the originalFascinating Hindutva: Saffron Politics and Dalit MobilisationGazetteer of the province of OudhAl- Hind: The slave kings and the Islamic conquest. 2"Shahi Family"The Cambridge history of Islam"Ameer Nasir-ood-deen Subooktugeen"Gazetteer of the Attock District, 1930, Part 1Land of seven rivers: History of India's GeographyTemple Desecration and Indo-Muslim StatesIslam in South Asia: A Short HistoryBeyond Orientalism: The Work of Wilhelm Halbfass and Its Impact on Indian and Cross-cultural StudiesThe Making of Terrorism in Pakistan: Historical and Social Roots of ExtremismOrnament in Indian ArchitectureA historical review of Hindu India: 300 B.C. to 1200 A.D."Indian States and Union Territories"Islam in South Asia: A Short HistoryA Brief History of the Indian PeoplesThe Modern ReviewDelhi Sultanate"Battuta's Travels: Delhi, capital of Muslim India"the original"Timur – conquest of India"the originalIndia HandbookBhaktiThe Four Denomination of Hinduism10.1007/s11407-008-9049-925691067"Vijayanagara Research Project::Elephant Stables"10.2307/26465262646526Historical Dictionary of the TamilsBihar General Knowledge DigestMapping Bihar: From Medieval to Modern TimesPopular Literature and Pre-modern Societies in South AsiaA manual of the Kistna district in the presidency of MadrasAncient Indian History and CivilizationFragmented Memories: Struggling to be Tai-Ahom in India"The Islamic World to 1600: Rise of the Great Islamic Empires (The Mughal Empire)"the originalDynasties: A Global History of Power, 1300–1800, p. 105"Whose fort is it anyway"10.1111/0020-8833.000532600793Development Centre Studies The World Economy Historical Statistics: Historical Statistics"India's Deindustrialization in the 18th and 19th Centuries"The Mughal Empire, p. 190"The Long Globalization and Textile Producers in India"The Mughal World: Life in India's Last Golden AgeAurangzeb: The Life and Legacy of India's Most Controversial KingIn the Shadow of the Taj: A Portrait of Agra"Iran in the Age of the Raj"p. 8610.2307/20539802053980Delhi, the Capital of IndiaAn Advanced History of Modern India"Journal of the Tanjore Maharaja Serfoji's Sarasvati Mahal Library"The Rediscovery of India: A New SubcontinentIslamic Renaissance In South Asia (1707–1867) : The Role Of Shah Waliallah & His SuccessorsAn Advanced History of Modern IndiaThe Great Maratha Mahadaji Scindia"Full text of "Selections from the papers of Lord Metcalfe; late governor-general of India, governor of Jamaica, and governor-general of Canada""The Discovery Of IndiaThe Sacred City of the Hindus: An Account of Benares in Ancient and Modern TimesResurrecting Banaras: Urban Space, Architecture and Religious BoundariesFaith & Philosophy of Sikhism"Missiles mainstay of Pak's N-arsenal"History Modern India By S.N. Sen"Sirajuddaula"ArchivedLongman History & Civics (Dual Government in Bengal)Madhya Pradesh National Means-Cum-Merit Scholarship Exam (Warren Hasting's system of Dual Government)A Military History of Britain: from 1775 to the PresentIndian Cultural Heritage Perspective For TourismHindu Rulers, Muslim Subjects: Islam, Rights, and the History of KashmirIndian HistoryAn Atlas and Survey of South Asian HistoryAn Historical Account of the British Trade Over the Caspian SeaIndian Merchants and Eurasian Trade, 1600–1750The Indian diaspora in Central Asia and its trade, 1550–1900From Constantinople to the home of Omar Khayyam: travels in Transcaucasia and northern Persia for historic and literary researchA journey from Bengal to England: through the northern part of India, Kashmire, Afghanistan, and Persia, and into Russia, by the Caspian-SeaA Second Journey through Persia, Armenia, and Asia Minor, to Constantinople, between the Years 1810 and 1816Reports from the consuls of the United States, 1887Portugal and its Empire, 1250–1800 (Collected Essays in Memory of Glenn J. Ames).: Portuguese Studies Review, Vol. 17, No. 1The Dutch Power in Kerala, 1729–1758http://mod.nic.inArchivedDossier Goa – A Recusa do Sacrifício InútilAn Imperial Crisis in British India: The Manipur Uprising of 1891The Truth of Babri Mosque"Kolkata (Calcutta) : History"the original"Robert Clive, Baron Clive, 'Clive of India', 1725–1774""The Transformation from a Pre-Colonial to a Colonial Order: The Case of India"10.2307/25955872595587A versatile geniusArchived10.1109/MWSYM.1997.602854"Rabindranath Tagore on Education"the original"Essay on 'Derozio and the Young Bengal Movement'"Poverty and Famines: An Essay on Entitlement and Deprivation"Plague"the originalPopulation Growth and Land Use"Reintegrating India with the World Economy""Census Of India 1931"A history of modern India, 1480–1950"'India's well-timed diversification of army helped democracy' | Business Standard News"Bal Gangadhar Tilak: Struggle for Swaraj"Participants from the Indian subcontinent in the First World War""Commonwealth War Graves Commission Annual Report 2007–2008 Online"the original1462689197110.1017/s0010417500016534178920Eurocentrism: a marxian critical realist critique"Ranjit Guha, "On Some Aspects of Historiography of Colonial India""10.2307/2168385216838510.7202/016593ar"Harvard scholar says the idea of India dates to a much earlier time than the British or the Mughals""In The Footsteps of Pilgrims""India's spiritual landscape: The heavens and the earth""India: A Sacred Geography by Diana L Eck – review"Modern India: The Origins of an Asian Democracy10.2307/21694222169422964322464"The Indian Subcontinent and 'Out of Africa 1'"254043308Encyclopedia of World ReligionsThe Evolution and History of Human Populations in South Asia: Inter-disciplinary Studies in Archaeology, Biological Anthropology, Linguistics and Genetics"The Early Paleolithic of the Indian Subcontinent: Hominin Colonization, Dispersals and Occupation History"Ancient Indian History and CivilizationAncient Indian Social History: Some Interpretationsthe originalIndia Before EuropeA Concise History of Modern India"The beginning of the historical period, c. 500–150 BCE"full textA History of Indiathe originalexcerpt and text searchexcerptexcerptAn Economic History of India: From Pre-Colonial Times to 1991excerpt and text searchexcerpt and text searchIndia as known to the ancient world10.1111/j.1468-0289.1985.tb00391.x2597191onlineThe History of India, as told by its own historians. The Muhammadan Periodonline editionHans William Brown research collection on 19th-century missionary work in India, 1882–1932, Ms. Coll. 1033, Kislak Center for Special Collections, Rare Books and Manuscripts, University of Pennsylvaniaee