Trump’s authority to impose sweeping tariffs to be put to the test
President-elect Donald Trump’s consistent campaign pledge to impose sweeping tariffs on products imported into the U.S. is likely to face stiff challenges in court and potentially pushback from Congress.
WASHINGTON — President-elect Donald Trump’s consistent campaign pledge to impose sweeping tariffs on products imported into the U.S. is likely to face stiff challenges in court and potentially pushback from Congress.
Businesses from sneaker companies to high-tech startups have been ramping up plans to push back against Trump’s proposal to impose up to a 20% tariff on all goods imported into the U.S. and an additional 60% on goods from China.
Industry groups have been preparing legal challenges and lobbying Congress to pass legislation to limit the president’s power over tariffs while their members try to ship as many products into the U.S. as they can before Trump enters the White House.
There are potential legal limits to Trump’s authority, even though he has said he would unilaterally impose the increases. Under the Constitution, Congress has the power to enact tariffs. But over the years, through various legislation, Congress has delegated a large degree of that authority to the president to be able to use tariffs for national security purposes, in an emergency, or to combat unfair trade practices by another country. That has allowed past presidents, including Trump himself in his first term, to levy hefty fees on a range of products from specific countries.
During his first term, Trump faced little resistance from the courts and Congress for tariffs he placed on imports of steel and aluminum from certain countries and thousands of products coming from China. But Trump’s latest proposal would be much broader, covering every product from every country, raising more pressing questions about whether he’s overstepping the power he’s been given by Congress, according to lawyers and business groups.
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