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We the People

Trump, Tariffs, and Trade

We the People

National Constitution Center

News Commentary, News, History

4.61.1K Ratings

🗓️ 15 March 2018

⏱️ 49 minutes

🧾️ Download transcript

Summary

Over the past few months, President Trump has announced new tariffs on imported goods from solar panels and washing machines to steel and aluminum. He has also taken swift executive action to block international mergers that he has deemed harmful to U.S. interests from occurring, and has even said he would consider withdrawing from NAFTA and related trade agreements. President Trump’s protectionist policies are a reversal of mostly free-trade orientated policies of past administrations, and his actions raise important constitutional questions about the extent of executive power over trade policy, separation of powers and the non-delegation doctrine, as well as the future of U.S. and global trade. Timothy Meyer is a Professor of Law at Vanderbilt Law School. He is an expert in public international law, with an emphasis on international economic and energy law. He previously worked as a Legal Advisor for the Department of State, and clerked for now-Justice Neil Gorsuch while he was on the 10th Circuit. Steve Charnovitz is Associate Professor of Law at George Washington University Law School. He is a member of both the Council on Foreign Relations and the American Law Institute, and the author of many publications including The Path of World Trade Law in the 21st Century. Questions or comments? We would love to hear from you. Contact the We the People team at podcast@constitutioncenter.org The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to

0:09.4

We The People, a weekly show of constitutional debate.

0:13.0

The National Constitution Center is the only institution in America,

0:16.8

chartered by Congress, to increase awareness and understanding of the Constitution among the American people.

0:24.6

On March 1st, President Donald Trump announced new tariffs on steel and aluminum citing national

0:30.6

security concerns.

0:32.2

This week on We the People, we look at the legal

0:34.8

and constitutional dimensions of those tariffs. Where does the president have the

0:39.6

power to impose the tariffs? What is Congress's role, can the President withdraw from

0:45.4

international treaties, and more broadly does the President have the power to

0:49.6

declare a trade war? Joining us to discuss these crucial legal questions are two of

0:54.6

America's leading scholars of international trade law. Timothy Meyer is

0:58.6

professor of law at Vanderbilt Law School and a former legal advisor for the State Department under President Obama, and my

1:05.5

colleague Steve Charnovich is Associate Professor of Law George Washington University Law School

1:10.1

and a member of both the Council on Foreign Relations and the American Law Institute.

1:14.6

Timothy, Steve, thank you so much for joining.

1:17.0

My pleasure.

1:18.0

Thank you.

1:19.0

Let us begin with the history.

1:21.2

The question of who has the power to impose tariffs and whether to fund the national

1:27.3

debt through tariffs or excise taxes was one of the central debates of the republic,

1:32.4

dating back to debates between

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