United States-China Political and Economic

Transcript:United States-China Political and Economic:
United States-China Political and Economic Relations in the Trump Administration Mark J. Rozell Dean Ruth D. and John T. Hazel Professor of Public Policy Schar School of Policy and Government George Mason University (USA) Unilateral Presidential Actions U.S. system of separated powers formally limits the president’s ability to act alone. The U.S. Constitution grants one unilateral presidential power – pardons and reprieves. Since about mid-twentieth century there has been a steady rise in the exercise of unilateral presidential actions in national security and foreign affairs more generally, due in part to legislative acquiescence and judicial deference. As trade and national security have grown in importance as domestic issues in the U.S., President Trump has relied on (1) Congress’s broad delegations of trade authority to the president and (2) past expansions of presidential authority in foreign affairs to set an aggressive trade agenda. The President Acts, Congress Acquiesces The U.S. Constitution makes it clear that no branch of the national government may delegate its constitutional powers to another branch. Congress has been doing exactly that in matters of war powers, foreign policy, and trade policy. Litigation filed in U.S. Court of International Trade contends that broad delegations of congressional trade authority to the president are unconstitutional. The suit claims that Congress has delegated away its legislative power by not establishing sufficient criteria for executive action. The Constitution anticipates that each branch of the government will protect its own powers against encroachments by another branch. Congress has not upheld its side, leaving it either to presidents to respect limits on their powers (not realistic) or the courts to intervene. Given the partisan makeup of Congress right now – both houses controlled by the Republicans - it is unlikely that it will act to restrain the president. And there is little chance of the courts acting as a corrective. The Role of the Courts Only the federal courts can meaningfully review and reverse presidential exercises of powers if Congress won’t act. The trouble is, the courts have not upheld the “non-delegation doctrine” for years and have generally sided with presidents in the exercise of broad discretionary powers. The Supreme Court is dominated by Republican appointees, including a likely two vacancies filled by President Trump. In the recent Supreme Court case upholding the immigration ban, the Court majority refused to look beyond the broad statutory language and the Trump Administration’s reliance on a national