However, several international trade experts were skeptical of whether the president has the authority to impose such a tariff. The power to levy taxes belongs to Congress, not the executive branch. Any tax bill must originate in the House and would require Democratic support to muster the 60 votes required to move forward in the Senate — an unlikely proposition.
In addition, Trump could face an uphill battle finding support within his own party for punishing companies that offshore. On Monday, House Majority Leader Kevin McCarthy declared that he did not want a “trade war,” a damaging outcome that economists have predicted could result from implementing Trump’s tariffs. Meanwhile, House Speaker Paul Ryan tempered his initial support for the deal with Carrier…
Even if Congress did pass legislation supporting Trump’s threat, trade experts said the law would almost certainly run afoul of U.S. agreements under the World Trade Organization. It also likely violates regional trade deals, such as the North American Free Trade Agreement.
“There is no issue that it would be illegal under WTO law,” said Robert Howse, an international law professor at New York University.
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