"Donald Trump
said recently that “tariff” is the most beautiful word in the
dictionary, except “faith” or “love,” and in this belief he seems
consistent. So it’s worth taking seriously Mr. Trump’s campaign promise
to impose a universal baseline tariff of 10% or 20% on all imports to
the U.S., plus 60% on China.
A first
question is whether Mr. Trump really would do this, since it would dwarf
his last tariffs. The average tariff rate on all U.S. imports is
currently about 2%, the Tax Foundation says, and Mr. Trump’s plan could
raise it to “highs not seen since the Great Depression.” That was under
the infamous 1930 Smoot-Hawley tariff.
Mr.
Trump started his first term with pro-growth deregulation and tax
reform. He began his tariff wave in 2018, with targeted levies on steel,
aluminum, washing machines, solar cells, and a variety of goods from
China. He held off adding a tax of up to 35% on foreign autos, even as
his Commerce Department wrote a report calling them a national-security threat.
The
evidence is clear that the tariffs had real costs and reduced the
growth spurred by his other policies. Other countries retaliated,
hitting U.S. producers of everything from apples to whiskey. The
government paid farmers billions in compensation. Harley-Davidson had to shift production for its overseas customers to Thailand to stay competitive.
There was no great boom
in manufacturing employment. More jobs involve using steel than making
it, and one study said higher steel prices led to 75,000 lost
manufacturing jobs. Consumers paid more for many products, as companies
passed on tariff costs. The economic studies on these points are
copious, and it’s worrisome that Mr. Trump and his advisers dismiss
them.
The
next question is whether Mr. Trump has the power to impose a universal
tariff. The Constitution grants Congress, not the President, authority
over trade. It’s unlikely that Congress would pass a new broad-based
tariff on all imports, though protectionism has been gaining support in
the Trump era.
But
Congress has already ceded considerable power to the President,
especially provisions against “unfair” trade practices (Section 301) and
“national security” threats (Section 232). Mr. Trump used these powers
in his first term, and he was aggressive in exploiting 232 in
particular, as he no doubt would be again.
The
bigger danger is that Mr. Trump might use the International Emergency
Economic Powers Act (IEEPA). This law gives the President broad
authority, after declaring an emergency, “to deal with any unusual and
extraordinary threat” from abroad. IEEPA has been used to freeze
Venezuelan assets and stop exports to Iran. It has never been used to
impose tariffs. Mr. Trump threatened Mexico with it in 2019 but stood
down amid a deal to expand the “Remain in Mexico” migrant policy.
Yet
it’s hard to believe Mr. Trump could legally get away with declaring
all imports from everywhere an emergency to impose a tariff. That would
transform IEEPA from a sanctions law into a grant of limitless
presidential power over trade. Progressives love the idea of a carbon
tariff. Could President Biden impose one unilaterally by declaring
foreign emissions to be an emergency?
If
Mr. Trump tries it, he may find himself in court, perhaps the Supreme
Court. The current Justices have struck down similar efforts to abuse
presidential power, such as Mr. Biden’s $400 billion student-loan
forgiveness.
Mr.
Trump sometimes says he sees tariffs merely as a means to gain trade
reciprocity: If Japan had zero tariffs on U.S. goods, the U.S. would do
the same. But the process of getting to zero is likely to be messy if it
is even achievable. Once imposed, tariffs build business and union
constituencies that won’t easily give them up. The current 25% U.S.
tariff on foreign trucks was imposed in 1964.
Yet
at other times Mr. Trump sounds like a true believer in high tariff
walls for their own sake—as the way to return manufacturing to the U.S.
and protect it from foreign competition. This seems to be the view of
his chief trade adviser, Robert Lighthizer, and perhaps running mate JD Vance.
Known
as import substitution, this model of economic growth kept India
globally uncompetitive for decades. It would guarantee higher consumer
prices and the slow erosion of U.S. business competitiveness. Our guess
is that financial markets would signal their disapproval if Mr. Trump
goes this far.
Another
risk, and a special case, is trade with China. Mr. Trump’s first-term
tariffs didn’t change Chinese behavior, but he seems more determined
than ever to raise the stakes. China’s mercantilism and IP theft have
caused foreign firms to reduce their investment in China, which is the
prudent move. Strategic economic decoupling is warranted. But an all-out
trade war with China would have significant costs for America too.
Mr.
Trump’s overall economic agenda is superior to Kamala Harris’s model of
tax, spend, mandate and regulate. But his tariff agenda is an
anti-growth wild card that poses considerable economic risk in a second
term. We’d have to hope financial markets and Congress deter the worst."