Does the president have any argument that he can still set

Reference no: EM133328751

Case: Imagine that Poland openly threatens to invade its neighbor Belarus. To deter Poland from invading, the U.S. President increases tariff rates on goods produced in Poland. However, Congress does not view the Poland threats as important and push the President to reduce the tariffs. Ultimately, Congress decides to strip the President of his authority to set tariff rates by repealing the Tariff Act (overriding the President's veto).

Claiming that the situation with Poland is dire and presents a direct security threat to the United States, the President orders U.S. Immigration and Customs Enforcement ("ICE") to enforce the higher tariff rates despite Congress's actions.

Please answer the following questions:

Question 1. Did the original Tariff Act raise any nondelegation concerns? Why or why not?

Question 2. Does the President have the authority to set tariffs in this manner?

Question 3. Does the President have any argument that he can still set/enforce higher tariff rates against Poland despite Congress's actions?

Reference no: EM133328751

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