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The US federal decision decided on Friday that President Donald Trump had no legal right to apply, judging by the fact that he overcame his power under the law regarding extraordinary powers.
The decision of the US Federal Court of Appeal, however, left them in force until mid -October, which allowed the government an appeal to the Supreme Court.
Reacting to the decision, Trump promised to do this. “If this decision remains to submit an application, it will literally destroy the United States of America“He wrote on the platform of social networks.
The Friday decision is considered the main legal blow, which largely ratified the May decision of the special Federal Court of New York.
The decision also complicates Trump’s ambitions to overthrow decades of American commercial policy. Trump’s duties – and the irregular method with which he put them in place – shocked the global markets, pushed American partners and allies and caused concern for higher prices and slower economic growth.
Where does this lead the commercial agenda of Trump?
The court ruling is devoted to the duties inflicted by Trump in April for almost all US trading partners, and contributions introduced to China, Mexico and Canada.
The fact that he called the “Liberation Day”, Trump put on April 2, the so -called mutual tariffs up to 50% in the countries, with which the United States has a commercial deficit and the basic 10% responsibilities for almost everyone else.
The US leader later suspended mutual duties for 90 days to give countries time to conduct agreements on trade agreements with the United States and reduce their obstacles to US export. Some of them did this – including Great Britain, Japan and the European Union – and agreed to agreements with Trump in order to avoid even greater duties.
Purchasing the extraordinary powers to act without approval of Congress, Trump justified taxes in accordance with the 1977 law on international extraordinary economic powers, announcing the long -term commercial deficiency of the US national emergency. ”
In February, he quoted the law to impose duties in Canada, Mexico and China, saying that the illegal flow of immigrants and drugs across the US border is equivalent to the national emergency and that three countries should do more to stop it.
The US Constitution gives Congress the right to determine taxes, including obligations. But the lawmakers gradually left the presidents to take on greater power from the point of view of tariffs – and Trump fully used it.
On Friday, the Federal Court of Appeal wrote in his decision 7-4 that “It seems unlikely that the Congress intends to … to provide the president with unlimited power to impose duties. ”
Disagreements of the judges came to the conclusion that the 1977 law resolves emergency situations “is not an unconstitutional transfer of legislative power in accordance with the decisions of the Supreme Court “Which allowed the legislator to give the president some tariff powers.
Nevertheless, the Trump government can also impose responsibilities, referring to another legal power – section 232 of the 1962 trade law – as it was with foreign steel duties, aluminum and cars. Nevertheless, this will require the study of the Ministry of Trade, which cannot be imposed only at the discretion of the president.
More sources • AP.