In March 2018, the Trump Administration employed a little-known trade measure, known as Section 232 for its location in the Trade Expansion Act of 1962, to impose broad tariffs on imports of steel and aluminum. Section 232 allows the President to impose tariffs to protect against imports that “threaten to impair the national security.” Domestic and foreign stakeholders have pushed back against the Administration’s reading of the law by filing complaints with the World Trade Organization (WTO), filing lawsuits in U.S. courts, and advancing bills to limit the President’s authority under Section 232. However, the WTO is not well-positioned to define national security interests for its member states either through amendment of its treaties or by Appellate Body decision. Nor is a challenge in the United States court system likely to succeed without reconsideration of the non-delegation doctrine or Chevron deference. Legislation is therefore the best method for restricting the scope of executive authority under Section 232. Congress should pass the Bicameral Congressional Trade Authority Act of 2019 requiring a joint resolution of Congress to implement Section 232 remedies and involving the Department of Defense in the investigation.

Keep Reading “Essentially Limitless”: Restraining Administrative Overreach Under Section 232