[20191127]LSB10372_过期的权限？：联邦法院建议限制总统征收关税的权力.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Expired Authority?: Federal Court Suggests Some Limits to the Presidents Authority to Impose Tariffs November 27, 2019 In response to perceived unfair trade practices of other countries, the Trump Administration has imposed tariffs and other trade restrictions on billions of dollars of imported products using authority Congress delegated to the executive branch in various provisions of federal law. To justify the trade measures, the Administration has cited national security concerns, injury to competing domestic industries, and allegedly unfair trade practices of particular countries (e.g., Chinas practices with respect to intellectual property rights). Some industry groups and individual companies have challenged these tariff actions on constitutional and statutory grounds in U.S. courts but, until recently, federal courts have uniformly rejected these challenges. (This Sidebar does not discuss the challenges to certain tariffs currently pending before the World Trade Organization (WTO) or other international bodies.) A November 15, 2019 decision by a three-judge panel of the U.S. Cour