The Charles C. W. Cooke Podcast
Episode 80: The Tariff Sheriff
Jan 30, 2025
Molly Nixon, a separation of powers attorney at the Pacific Legal Foundation, dives into the constitutional intricacies of tariff powers. She questions why Congress can delegate tariff authority but holds tight on tax rates. The discussion unpacks the historical origins of this practice and its implications on trade policy. Nixon examines the power struggle between Congress and the president, emphasizing the need for clear guidelines to prevent overreach. The conversation also critiques the role of the Supreme Court in balancing powers regarding foreign affairs.
41:14
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Quick takeaways
- The historical delegation of tariff powers from Congress to the president is rooted in attempts to streamline trade amidst corruption and protectionism.
- Concerns over the broad executive authority to impose tariffs highlight the need for Congress to reclaim its constitutional responsibilities for accountability.
Deep dives
The Constitutional Role of Tariffs
The discussion centers on the constitutional responsibilities regarding tariffs and taxes, highlighting that both should fundamentally lie with Congress. Historically, tariffs were under Congress's control until the 1930s when the system became cumbersome and corrupt due to protectionist policies and special interests. In an effort to streamline trade processes, Congress began delegating tariff-setting powers to the president, rooted in the belief that such delegation would foster trade liberalization. However, this raises concerns about the constitutional integrity of allowing the executive branch to dictate tariff levels, a power explicitly granted to Congress.
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