Leonard Campbell: Tariff decisions belong to US Congress, not the president

To The Daily Sun,

The Sun did a nice job explaining how tariffs work (Sept. 30, page 8). But they don’t explain who has the authority to levy tariffs. 

The U.S. Constitution empowers Congress to set import tariffs. I repeat, the U.S. Constitution empowers Congress to set import tariffs. And with a set of rules found in the Library of Congress a Google search will show.

So why is President Donald Trump setting tariffs willy-nilly? Because Congress gave the president power to adjust tariff rates in response to (1) specific trade-related concerns (2) related to U.S. foreign policy (I repeat) and (3) national security interests, (4) or that require an administrative finding by a U.S. agency.

President Trump can set tariffs if there is a national security interest (like movies).

Which is why 12 states sued and the case will likely end up with the Supreme Court of the United States. 

Though I won’t be surprised that the unitary executive theory driving many of SCOTUS’ decisions will trump the case and weaken Congress’ ability to tax and spend.

Leonard Campbell

Meredith