Tariffs, the Executive Branch and Recent Developments in U.S. Trade Policy

This policy brief explains recent developments in U.S. trade policy and the legal authority on which Trump is relying to pursue his foreign policy goals. It starts by reviewing the basics of trade policy making in the United States, including the clear mandate in the U.S. Constitution for Congress to have exclusive power to regulate trade. It examines why Congress delegated some of this authority to the president and explores the key tariff authorities currently being used or considered and which set of tariffs will impact Canada. It will also look at what options are available to U.S. trading partners as they manage a highly protectionist U.S. market.