Can Congress reclaim its powers over trade and tariffs?

Published March 15, 2018 4:13pm ET



President Trump’s recent announcement of sweeping tariffs on imported steel and aluminum is bad economic and foreign policy, but even more seriously it tramples over the intentions of Congress and the separation of powers in the Constitution. Our trade policy framework was simply not designed to work with a president who has gone rogue on trade against the national interest.

Article 1, Section 8 of the Constitution delegates to Congress sole authority “to regulate commerce with foreign nations.” Yet in this latest trade drama, Congress has been relegated to a passive role as the president abuses the intent of U.S. trade law to impose steep tariffs on tens of billions of dollars of imports. Congress must reclaim its rightful authority over trade policy before more damage can be done — to our economy, our standing in the world, and our constitutional system of government.

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