这是一个跟帖，举了几个美高法的案例，川疯的
散仙谷 http://www.webjb.org/webjb/sanxian/
送交者: testtesttest 于 2025-05-30 00:37:38
回答: 这张图显示要是关税被停止，川疯政府要退回多少钱 由 于 2025-05-30 00:03:17
上诉可能赢，这大概也就是为什么美股今天并没涨多少
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SCOTUS is will likely reverse this. There are a number of laws that allow the President to impose tariffs. At the minimum, this fight is not over yet.
Section 301 of the Trade Act of 1974 allows the US Trade Representative to authorize tariffs on foreign countries that restrict U.S. commerce in “unjustifiable,” “unreasonable,” or “discriminatory” ways. It does not specifically define any of those terms so they are up to the interpretation of the USTR. POTUS has the discretion to allow the USTR to impose tariffs for a time period of up to 4 years. A number of countries restrict US products.
The International Emergency Economic Powers Act of 1977 allows the President to declare an emergency under the NEA. It gives him the power to regulate or prohibit imports. Whether part of this regulation includes tariffs has not been determined in a court challenge.
The Reciprocal Trade Agreements of 1934 grants the President the power to impose tariff rates of 50% and negotiate trade deals without the approval of Congress.
Section 122 of the Trade Act of 1974 allows the President to impose temporary tariffs to address “large and serious United States balance-of-payments deficits”. Who can argue we do not have trade deificits?
Section 338 of the Tariff Act of 1930 authorizes POTUS to enact “tariffs on articles produced by, or imported on the vessels of, foreign countries that discriminate against U.S. commerce" Imposing higher tariffs on US goods than those imposed on other countries would be discriminatory.
Section 232 of the Trade Expansion Act of 1962 the President can impose tariffs "without a maximum on time limit" if the Secretary of Commerce recommends that such products impose a threat to national security.
The legal precedent comes from Justice Marshall who wrote Congress may not delegate Constitutional legislative powers. However, if they legislate a power (imposition of tariffs, in this case) he wrote the precedent “has given the President broad latitude to exercise his tariff authorities.” This quote is normally left out of arguments against Congress ceding their authority.
SCOTUS upheld the Tariff Act of 1890 which gave POTUS the power to impose tariffs on other nations. The POTUS “may deem [tariffs of the nation in question] to be reciprocally unequal and unreasonable.” Again, we do have countries with tariffs that are unequal, with unreasonable not being defined.
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