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Fact check: Trump can't unilaterally impose tariffs on imports from EU since the President can only impose tariffs through an executive order if it's a matter of national security. EU doesn't pose a national security risk to the US, so Trump can't unilaterally impose tariffs.
1. Summary of the results
The original statement's claim that Trump cannot unilaterally impose tariffs on the EU is not entirely accurate. While the Constitution gives Congress the primary power to levy tariffs [1], Congress has historically delegated significant trade authority to the president through various statutes [2]. Trump has multiple legal pathways to impose tariffs, including:
- Section 301 of the Trade Act
- Section 232 of the Trade Expansion Act
- International Emergency Economic Powers Act (IEEPA) [3]
2. Missing context/alternative viewpoints
Several crucial pieces of context are missing from the original statement:
- Historical Precedent: Trump has previously used national security justifications to impose tariffs on steel and aluminum [4], establishing a precedent for such actions.
- Broad Definition: The definition of "national security" in trade policy has become increasingly flexible and broad [2], making it easier to justify tariff impositions.
- Current Situation: Trump has specifically threatened to impose 25% tariffs on EU imports, claiming the EU was formed to "screw the United States" [5]. The EU disputes this characterization and is prepared to implement countermeasures [5].
- Recent Presidential Actions: Both Trump and Biden administrations have exercised aggressive executive authority in raising tariffs, though within the bounds of congressionally delegated power [6].
3. Potential misinformation/bias in the original statement
The original statement contains several oversimplifications and misconceptions:
- It oversimplifies the national security requirement by suggesting it's a straightforward determination. In reality, the definition has become much more flexible over time [2].
- It ignores multiple legal pathways available to the president beyond just national security justifications. Congress has delegated authority through various statutes like IEEPA, Section 122, Section 301, and Section 338 [7].
- The statement fails to acknowledge that while experts like Alan Wm. Wolff are skeptical about using IEEPA for sweeping tariffs on allies [3], there are still other legal mechanisms available.
Those benefiting from this narrative include:
- EU trade officials and businesses seeking to prevent new tariffs
- Political opponents of aggressive trade policies
- International trade organizations advocating for reduced trade barriers