Congress has delegated so much authority to the executive branch over the decades that it has become a de facto legislature in its own right. We see this in the broad discretion bureaucrats wield through administrative law, as well as the various ways that Presidents can make major policy changes on a whim.
It’s the second problem, exemplified most recently by President Trump’s imposition of steel and aluminum tariffs on flimsy national security grounds, that has prompted an effort to claw back some of the authority that Congress so eagerly handed over when it comes to trade.
Sen.Corker’s S. 3013 would require Congressional approval before a president could adjust imports on national security grounds, and would apply retroactively for the last two years. From a policy point of view, it will make protectionism less likely, at least in the short run. But more importantly, from a process point of view, it would better align the law with Constitutional intent, as Article I, Section 8 gives Congress the power to impose tariffs and regulate foreign commerce.
The bill has bipartisan support, and Corker hopes to propose it as an amendment to the NDAA. Unfortunately, some Republicans, including leadership, are less than enthusiastic. They are prioritizing partisanship and a desire not to thwart a president from the same party over even the institution to which they belong, to say nothing of the interests of the c0nsumers and the economy. Nor are there as many Democrats on board as one might expect, as even the typical opposition partisanship is apparently struggling to overcome the left’s love of a powerful and unchecked executive.
Nevertheless, if ever there was a chance to reverse the long trend toward expanding executive power and diminishing the role of the legislature, this should be it. Congress should pass Corker’s bill to reclaim some of its power while preventing the destructive protectionism at the same time.
