
The recently announced auto tariffs are expected to raise roughly $100 billion per year in revenue. How does that compare with other major tax increases?
According to the Tax Foundation, the previous record was $76.8 billion for the 2011 tax increase to finance the ACA (Obamacare).
In real terms, the auto tariffs are not as large as some of the previous tax increases, but it remains one of the largest tax increases since 1968. (The CPI is up about 50% since 2009.)
With more tariffs expected soon, the ultimate Trump administration tariff program may well end up being the largest tax increase, even in real terms. So what do the Democrats think of this policy, one of the most consequential changes in federal tax policy in my entire life?
I checked with the New York Times, and as usual they had very long article that contained lots of interviews. I was especially interested in learning what the Democrats thought of the policy. The article did present the views on a number of key political figures, but none of them were Democrats. Indeed, other than Trump, none of them were Republicans.
You may believe that the NYT has a liberal bias, but I’m quite certain that when Obama’s tax increase was proposed, the “newspaper of record” provided at least some coverage of Republican views of the legislation. Do the Democrats plan to repeal the auto tariff next time they take office? Do Republican congressmen have views on the issue? Isn’t that something that we should know?
It is certainly interesting to learn that Trump’s tariffs are opposed by the leaders of Canada, Mexico and France, but given that the tax is actually paid by Americans, I wish they’d told us what American politicians thought of the idea.
Here’s AI Overview:
The U.S. Constitution grants Congress the power to “lay and collect Taxes, Duties, Imposts and Excises” (Article I, Section 8), including tariffs, and to regulate commerce with foreign nations. However, the President also has authority to impose tariffs, particularly through delegated powers and under certain conditions, such as national security threats or unfair trade practices.
I’m having trouble understanding the legal basis for these tariffs. It’s hard to believe that Canada is a national security threat, and our free trade agreement with Canada was negotiated by President Trump in 2020. As recently as last fall he called it the best trade deal ever. So the “unfair trade practices” also doesn’t seem to apply.
In the past, the Supreme Court has often taken the view that governments can do pretty much whatever they wish. Thus although the “takings clause” says that eminent domain applies only to projects with a “public use”, the courts have ruled that a public purpose is almost anything the government says it is. Maybe that reasoning applies here as well.
I notice that the administration denies that the bombing raid on Yemen is a “war”, and yet insists that we can use “war powers” to deport Venezuelans. So war also seems to be one of those things that have a fairly loose definition–war is migration, not bombing.
The bottom line is that we should not expect the Constitution to be an effective limit on the powers of the US government.
PS. It is also expected that there will be a major tax cut enacted later this year, which will take the form of extending the earlier Trump tax cuts, which were otherwise set to expire.
READER COMMENTS
Peter
Mar 28 2025 at 2:13am
John Jay said they were legal, that ship sailed long ago. The Constitution died as soon as the ink dried, just been a long slow march for Americans to internalize that.
Jon Murphy
Mar 28 2025 at 6:34am
You’re not the only one. Lots of folks question the legal basis. They’re invoked under “national defense,” but then even Trump himself denies that’s the reason.
My two cents, so take this for what it’s worth:
I think bringing a legal challenge would be extraordinarily difficult. Standing is a big issue for Amy Coney Barrett, and she’s been willing to dismiss challenges based on Standing alone (even when of questionable reasonableness). So, the question becomes: who has standing? Congress does, but they’re happy to just obey whichever president is in power, so I doubt anything is coming from there. Perhaps some firms could organize a challenge? It’d be tough.
Matthias
Mar 28 2025 at 7:17am
I guess a random citizen who has to pay more for stuff because of the tariffs wouldn’t have standing?
Jon Murphy
Mar 28 2025 at 7:37am
Doubtful. I don’t know the ins and outs of standing, but I’m pretty sure one needs to show direct harm.
Alan Goldhammer
Mar 28 2025 at 8:48am
I believe there are some Democratic Congress members who have or will file a lawsuit on this.
Alan Goldhammer
Mar 28 2025 at 8:47am
Occam’s Razor answer: Trump doesn’t like you and is aggrieved at some of your (person, law firm, state, nation, etc) past actions (real or imagined). He uses any tool at his disposal (legal or not) to exact vengeance.
To paraphrase what Scott has said on many occasions, “we are living in a banana republic.”
Student
Mar 28 2025 at 9:51am
Indeed… 🍌’s
David S
Mar 28 2025 at 11:04am
Trump, along with delusional advisors like Navarro and Lutnick, seems to have a fixation on restoring American manufacturing capacity that existing in the 1950’s and 1960’s. That Musk has a big domestic footprint with Tesla gives them further incentive.
I wonder how BYD feels about this. I’ll guess they feel cautiously optimistic about their long-term prospects for global market share. Even if it’s decades before they’re allowed to sell product in the U.S. they can build customer bases everywhere else.
Alan Goldhammer
Mar 28 2025 at 11:28am
I’m just angry that Berkshire-Hathaway sold a bunch of its BYD stock a year ago (disclosure, I’m a shareholder). I think Charlie Munger brought it to Warren’s attention and they made the first investment several years ago (I think pre pandemic). Munger thought they would win the battery race. They still own 10% of the company down from 20%. Munger and Buffett said they did not want to compete against Musk’s Tesla. Wrong decision in retrospect.
David S
Mar 28 2025 at 1:43pm
Interesting, I had no idea Berkshire had made either move—perhaps another feather in Munger’s cap for noticing BYD. Yeah, they shouldn’t have sold, but at least they still maintained a stake.
The scary and good thing about BYD (or another Chinese company) is that they could deliver cars at low price points that are beyond the imagination of many other companies. The Japanese did this for many decades, followed by the Koreans. It’s time for another Reckoning.
Scott Sumner
Mar 28 2025 at 4:17pm
I rode in a BYD while visiting China. Great cars. Imagine getting a roomy Mercedes for the price of a subcompact Kia.
Warren Platts
Mar 28 2025 at 7:19pm
Yes of course BYDs are reverse engineered Teslas. They must be nice cars! But we don’t want them dumped on the American market..
Thomas L Hutcheson
Mar 28 2025 at 9:52pm
Tariffs will make US exporter less competitive including Tesla.
Roger McKinney
Mar 28 2025 at 11:18am
Congress gave power over tariffs to the president because they don’t want voters angry at them for higher prices. As you said, that was probably unconstitutional, buy the Court of the 20th century ignored the Constitution. Trump’s Court is trying to resurrect the Constitution. Maybe it will rein in the presidency.
Scott Sumner
Mar 28 2025 at 4:18pm
My actual claim is that they said the president could only use the tariff power in certain specific cases, which do not apply here.
steve
Mar 28 2025 at 11:22am
You can manipulate almost anything to make it a national security issue. Remember that Lutnick was pushing the idea that we needed tariffs because fentanyl was crossing our borders. Nevermind that only about 1% of that came from Canada and that fentanyl deaths have been decreasing. Now they are using the Alien Sedition Act so that they can lock up and disappear anyone that the claim is doing stuff that hurts US policy. On that basis you could lock up everyone who is publicly claiming tariffs are bad.
From my POV our constitution is deeply flawed. It was written with the idea that Congress and the courts would jealously guard their powers so the executive branch could not rule. Now that parties are preeminent we essentially have no way to limit executive power other than the courts, slow at best, and which this admin is trying to ignore while also going after any law firm that might represent anyone trying to reign in the power of the executive.
https://www.theunpopulist.net/p/trump-is-going-after-the-independence?triedRedirect=true
Scott Sumner
Mar 28 2025 at 4:19pm
No document can save a country when the civic culture collapses.
spencer
Mar 28 2025 at 5:51pm
I just came across some old notes from Dr. Leland Pritchard. He also advocated targeting N-gDp. “There is evidence to prove that rates of change in nominal gDp can serve as a proxy figure for rates of change in all transactions”
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