I concur here. I neither think he is controlled opposition nor a sleeper, and Constitutionally, he can say what he wants, but tariffs are one of the few economic powers the President has, as Congress affirms it. The only requirement is that the excise tax, tariff or whatever needs to be uniform across the US, which this is, since it is a national tariff.
The Constitution actually grants Congress the power to levy tariffs, but in recent years as a result of certain laws Congress has passed, the president and the executive branch have controlled when and how tariffs are placed on goods entering the United States.
The Constitution’s Article I, Section 8 states: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, … but all Duties, Imposts and Excises shall be uniform throughout the United States.”
Over time, as Congress gave the president expanded powers on its behalf to enact tariff policies, opponents to several tariffs laws argued the statutes were an unconstitutional congressional delegation of authority to the president. Known as the non-delegation doctrine, the question of how much of its authority Congress can grant to the president and the judiciary goes back to the time of Chief Justice John Marshall.
Theoretically, Congress cannot delegate its enumerated powers to any of the other branches. Listed powers in Article I reside exclusively within Congress, and “delegation” violates Separation of Powers.
Same goes with Senate Judiciary Committee determining Article III court rules of FRCP (1938) via threats to SCOTUS, unconstitutionally. Court rule determination authority lies exclusively with SCOTUS (Article III), not Congress (Article I).
I concur here. I neither think he is controlled opposition nor a sleeper, and Constitutionally, he can say what he wants, but tariffs are one of the few economic powers the President has, as Congress affirms it. The only requirement is that the excise tax, tariff or whatever needs to be uniform across the US, which this is, since it is a national tariff.
https://constitutioncenter.org/blog/how-congress-delegates-its-tariff-powers-to-the-president
The Constitution’s Article I, Section 8 states: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, … but all Duties, Imposts and Excises shall be uniform throughout the United States.”
Over time, as Congress gave the president expanded powers on its behalf to enact tariff policies, opponents to several tariffs laws argued the statutes were an unconstitutional congressional delegation of authority to the president. Known as the non-delegation doctrine, the question of how much of its authority Congress can grant to the president and the judiciary goes back to the time of Chief Justice John Marshall.
Congress gets to tax Americans and the President gets to tax non American countries.
Theoretically, Congress cannot delegate its enumerated powers to any of the other branches. Listed powers in Article I reside exclusively within Congress, and “delegation” violates Separation of Powers.
Same goes with Senate Judiciary Committee determining Article III court rules of FRCP (1938) via threats to SCOTUS, unconstitutionally. Court rule determination authority lies exclusively with SCOTUS (Article III), not Congress (Article I).