The Power to Raise or Lower Taxes

One curious aspect of the Trump Administration’s trade policies is the degree to which Congress has delegated its taxing authority to the Executive Branch. When news headlines say that the President is raising tariffs on somebody, this is a tax increase. Angl0-American law, though, is traditionally very hostile to giving the Executive to raise taxes on his or her own. (Think of the battles between King and Parliament that led to the English Civil War.)

I’m not suggested that Congress cannot delegate its tariff authority in the way that it has. You wonder, though, whether that sort authority will be withdrawn in the coming years.

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2 Responses

  1. Joe says:

    Delegation as to choices over particular tariffs goes a ways back though as see in Field v. Clark (1892) .

  2. temple run 3 says:

    Great article and interesting, thank you for sharing.