The Constitution Abhors Fast Track PDF Print E-mail
Written by Stumo   
Sunday, 04 May 2008

The U.S. Constitution allocates power among three competing branches:  legislative, judicial and executive.  The power over foreign commerce was bestowed on the legislative branch.  Fast Track Trade "Promotion" Authority - which is import/outsourcing promotion authority - was transferred from Congress to the Executive.  Now we are stuck again with considering the Colombia FTA which entrenches the NAFTA model and ignores the fundamental problems of VAT tariffs, currency manipulation, product standards, rules of origin and outsourcing.

George Will today wrote about how conservatives used to dislike unchecked power in the federal executive - i.e. the President. 

At the 1787 Constitutional Convention, only one delegate (from ever-bellicose South Carolina, naturally) favored vesting presidents with an unfettered power to make war. Presidents, it was then thought, could respond on their own only to repel sudden attacks on the nation. "The Founders," says former representative David Skaggs, a Colorado Democrat, "counted on the competitive ambitions of the three branches to make checks and balances work." Instead, we have seen Congress's powers regarding war "migrate ignominiously to the executive."...

Because contemporary conservatism was born partly in reaction to two liberal presidents -- against FDR's New Deal and LBJ's Great Society -- conservatives, who used to fear concentrations of unchecked power, valued Congress as a bridle on strong chief executives. But, disoriented by their reverence for Reagan and sedated by Republican victories in seven of the past 10 presidential elections, many conservatives have not just become comfortable with the idea of a strong president, they have embraced the theory of the "unitary executive."

The point applies to trade policy.  Congress should free itself from the Fast Track shackles, reject the Colombia FTA, and get on with addressing the trade deficit, currency manipulation, outsourcing and the un-reported phenomena of trading partners replacing tariff reductions with import tax hikes (value added taxes).

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