My handy copy of the United States Constitution (what do you mean, you don’t have one? Loser) tells me that, according to Article I, Section 8, paragraph 3, “Congress shall have Power . . . to regulate commerce with foreign nations . . .” Yet this Congress is certainly eager to give more authority over foreign trade to the White House. Not so much that it would create legal challenges, but certainly more than the White House has had since 2007. Amazing the efficiencies people can find after months of nothing.
The idea is that the U.S. would have “trade promotion authority,” which would enable them to have Congress hold an up-or-down vote on new trade agreements within 90 days, and without adding any new amendments. U.S. Trade Representative Ron Kirk made the case for this authority to the House Ways and Means Committee, although nobody has made a formal request yet. Congressional Republicans are happy to provide it; Democrats, less so.
Anyone with cursory knowledge of the two parties’ modern approaches to trade should be able to figure out why. Labor groups are well-known for opposition to foreign trade, often as a matter of principle. Indeed, opening up a certain market to more foreign competition does pose a risk to domestic jobs. The inability to add amendments to new agreements would seriously harm the ability of their Democratic defenders to add related protections during the legislative process.
This isn’t as simple as competition between businesses of comparable size and share in the same jurisdiction. Assuming one of them isn’t getting a ridiculous amount of subsidies or engaging in anti-competitive practices, they’re playing on a fairly level field; they’re subject to the same laws. This is typically not the case between two different countries. Let’s say one of them had more than twice the population of the U.S. and operated under a state capitalist system with scant workers’ rights . . . oh, wait.
In the absence of global trade laws, which would probably make everyone uneasy, there ought to be a way for the U.S. to ensure this while a) speeding up the congressional approval process and b) avoiding outright protectionism. The voices of trade in any given administration must factor “ways to level the playing field” in all of their discussions with foreign counterparts. History is the only way to see whether or not they do this, but ultimately Congress decides if their work is up to snuff – and Americans decide if people with these concerns make it to Congress. It’s all a competition.
So what will we import from Australia, New Zealand, Vietnam and Chile under the next agreement? They’re not quite economic heavyweights; might want to look elsewhere.