Cato Says Courts Cannot Stop Universal Tariffs, Congress Should Curtail Executive
Think tank scholars from Cato Institute, a libertarian organization, say the best chance for preventing a 20% tariff on all non-Chinese imports and a 60% tariff on Chinese imports is for Congress to curtail the executive's power to impose tariffs during the upcoming lame-duck session.
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Clark Packard and Scott Lincicome wrote in a recent briefing paper that bills giving Congress the power to stop unilateral tariff hikes, at least under Section 232, despite bipartisan support, never got a floor vote in either chamber. They wrote that Congress should act in the lame duck on either the Global Trade Accountability Act or Kentucky Republican Sen. Rand Paul's new bill that would require all tariffs proposed by the president to get congressional approval, whether Section 232, International Emergency Economic Powers Act, Section 301 or others.
"Although passing one of these laws would be a heavy lift, there may be a window to act after the November elections and before the 118th Congress adjourns -- a time in which a lame-duck President Biden might be more willing to eschew a veto and sign a law that enacts an important reform that would not apply to him personally," they wrote. "Should Congress fail to act, US trade law will continue to be ripe for abuse that would cause enormous economic and geopolitical damage."
They said they don't expect the courts would discipline Republican presidential nominee Donald Trump, if he were to return to office.