How To Make Enemies And Influence People

If the lawmakers who wrote the Trade Expansion Act of 1962 had known Donald Trump would be president, they might have thought twice about including Section 232.

President Donald Trump steps off Air Force One as he arrives for the G7 Summit, Friday, June 8, 2018, in Canadian Forces Base Bagotville, Canada. (AP Photo/Evan Vucci)

Section 232 allows the president to block imports via tariffs or other means if he determines that they threaten national security. It doesn’t constrain him in any way. He could say that Barbie dolls made in China threaten national security and invoke Section 232 to stop their importation.

If the parties to the General Agreement on Tariffs and Trade had known Donald Trump would be president, they might have made Article XXI more restrictive. Article XXI, which is similar to Section 232, can be interpreted to mean that countries can decide for themselves what constitutes a national security threat. Both were enacted during the Cold War, when security tensions were more taut than they are now. George Washington University law professor Raj Bhala wrote that Article XXI was “among the GATT provisions that come closest to allowing a member to be a ‘cowboy.’”

Trump has gleefully seized upon Section 232 and Article XXI to block imports steel and aluminum that have no effect on with national security, from Mexico, Canada and the European Union. These are our closest and most important allies. He’s even considering using 232 to block auto imports.

Invoking 232 doesn’t require anyone’s prior analysis or approval. If Canada and/or Mexico and/or the EU were to challenge Trump in the WTO Dispute Settlement Body, it might rule that Trump was within his rights under Article XXI. Then again, it might not, but the dispute settlement process could take years.

In a phone call with Trump, Canadian Prime Minister Justin Trudeau asked him how Canada could pose a national security threat to the United States. Trump replied, “Didn’t you guys burn down the White House?”

He was referring to the War of 1812, during which the British, not the Canadians, set fire to the White House.

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https://www.forbes.com/sites/johnbrinkley/2018/06/08/how-to-make-enemies-and-influence-people/