TARRIFS: President given expanded powers

Juana Perley’s LTE was published in The Press on July 16. She wants someone to show President Trump the Constitution, which he swore to uphold, and quoted Article 1, Section 8 of the Constitution, saying it “belongs to the Legislative branch of the government and not to the president.”

This is true, but please consider that the Constitution is a living document, and over time, Congress has given the president expanded powers to enact tariff policies on its behalf. The question of how much authority Congress can grant to the president and the judiciary dates back to the time of Supreme Court Chief Justice John Marshall (1755-1835). 

In Wayman v. Southland (1825), Marshall wrote that Congress could not delegate powers that are “strictly and exclusively legislative,” and that Congress could grant other powers as needed. 

Tariff Act of 1890 directed the president to place such levies when other nations used tariffs that the president “may deem to be reciprocally unequal and unreasonable.”  

The 1934 Reciprocal Trade Agreement gave President Roosevelt the authority to adjust tariffs by 50% and negotiate bilateral trade agreements without the consent of Congress. 

Section 201 of the Trade Act of 1974 allows the president to impose tariffs if the U.S. International Trade Commission (ITC) finds that an import surge is threatening a U.S. domestic industry. (Did someone mention Chinese imports?) 

The National Constitution Center in Philadelphia is instrumental in providing information about the Constitution. It was created by the Constitution Heritage Act, approved in 1988, and signed by President Ronald Reagan. Please visit its website for more information. 

JACK EVENSIZER  

Dalton Gardens