After regaining the White House, President Trump began
claiming unprecedented tariff authority under the International Emergency
Economic Powers Act (IEEPA). On April 4, 2025, Trump sent international and
domestic stock markets into a tailspin by invoking this emergency law to impose
"reciprocal tariffs" on imports from select countries not subject to
other sanctions. A universal 10% tariff took effect on April 5, with higher
rates indiscriminately announced in the following weeks.
The U.S. Constitution grants
Congress the sole power to regulate commerce with foreign nations. This
includes the authority to impose tariffs. Most constitutional
law experts agree, and so far, three lower courts have ruled, that the IEEPA
gives Trump no power to impose tariffs unless there is an “unusual and
extraordinary threat,” a condition not found in this case. On November 5, the US Supreme Court will begin
hearing arguments about the legality of Trump’s tariffs. A final decision
is not expected until June or July of 2026.
Over the past seven months, Trump’s tariffs on various
countries (friend and foe) and industries (steel, smart phones, aluminum, cars,
car parts, semiconductors, and pharmaceuticals) have gone up or down without
warning, often based on Trump’s political whims.
Tariff policy has become so unpredictable that financial
analysts coined the acronym “TACO”, which
stands for “Trump always chickens out.” This term describes his habit of
announcing a tariff and then delaying the actual implementation if the stock
market reacted badly. Under recent pronouncements, India and Brazil both face a
50% on most goods. Canada is at 35%, and China temporarily 47%, reduced from
100%, after the recent meeting with president Xi.
Most economists
do not favor tariffs. Trade barriers raise
prices and reduce available quantities of goods/services. Historically, tariffs
often result in lower income, reduced employment, lower economic output, and
higher inflation.
Following
World War II, the United States favored an open
trading system that rejected protectionist trade policies. The consensus was
that international policymakers should promote free trade and the economic
benefits it brings over imposing barriers to trade.
The Trump administration has rewritten these rules and turned
U.S. trade policy on its head. At an average effective rate of around 18
percent, American import taxes are now the highest they have been in nearly a
century.
What are the Trump administration’s justifications for
imposing tariffs? According to the White House Fact Sheet: 1) The trade deficit is “an
unsustainable crisis ignored by prior
leadership.” Many economists disagree and The Council on Foreign Relations
responds, “The trade
deficit is a sign of a strong, attractive economy where foreigners invest
heavily. It allows the U.S. to consume
more goods than it produces. It reflects efficient global capital markets,
supports domestic investment, and provides a wider variety of goods for
consumers.”
2) Tariffs
encourage “Made in America.”
Economists point out that this reasoning involves both potential benefits and
significant drawbacks. Tariffs can support specific domestic industries. This
is a reason to invoke “targeted tariffs’ on critical industries like steel
rather than on entire countries. However, on the whole, tariffs lead to higher
costs for consumers and businesses, trigger international retaliation, and
cause broad economic disruptions.
3) Tariffs
encourage the reshoring of American manufacturing. Politico points out that “President Donald Trump is pushing
manufacturers to bring factories home. His policies are punishing them when
they try.” Politico explains, “Tariffs meant to protect American
producers are raising the cost of the very materials they need to expand their
footprint in the U.S.”
4) Tariffs
are a boost to government revenue.
This reason is not listed on the Trump White House Fact Sheet, but is frequently
brought up by the President as a reason for his tariff policy. The Republican
“Big Beautiful Bill” kept taxes low for the wealthy and increases the federal
deficit. To negligibly help plug this largest ever, 38 $trillion deficit, the
Budget Lab at Yale recently calculated, “The U.S. has collected roughly $165 billion to $200 billion in tariff
revenue for this fiscal year.”
The
Trump administration fails to point out that the more effective a tariff
becomes at restricting imports, the less revenue it generates. Moreover, Trump’s
claim that the exporting country pays the tariff is not true. U.S. importers
pay the tariffs to U.S. customs. These costs are passed on, to U.S. consumers
through higher prices, or absorbed by U.S. businesses. Americans ultimately bear the economic burden.
Recent research has pointed out another massive
disadvantage to tariffs – supply chain disruptions. In the latest issue of Foreign
Affairs, Shannon O’Neal, Senior Vice President at the Council on Foreign
Affairs, concludes, “The Trump administration’s tariffs exclude the United
States from the overall economic boost global supply chains provide…Unless
American companies can buy parts from foreign firms at a reasonable cost and
locate some of their operations abroad, they will struggle to make products as
well, as cheaply, and as quickly as foreign competitors that are connected to
global supply chains.”
O’Neal is most concerned about the ability of American
defense contractors to “go it alone” without access to international supply
chains.
Following seven months of new
tariffs, the overall economic analysis indicates a failing "report
card" for their impact on the U.S. economy.
Hopefully, the Supreme Court will not be too late in reversing Trump’s illegal imposition
of these harmful tariffs. This will restore prudent guardrails rather than insanity
into American trade policy.
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