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The Constitution and The President’s Role with American Businesses

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Recently President elect Donald Trump has taken to Twitter and made some bold statements such as:

“The U.S. is going to substantially reduce taxes and regulations on businesses, but any business that leaves our country for another country, fires its employees, builds a new factory or plant in the other country, and then thinks it will sell its product back into the U.S. without retribution or consequence, is WRONG! There will be a tax on our soon to be strong border of 35% for these companies wanting to sell their product, cars, A.C. units etc., back across the border. This tax will make leaving financially difficult, but these companies are able to move between all 50 states, with no tax or tariff being charged. Please be forewarned prior to making a very expensive mistake! THE UNITED STATES IS OPEN FOR BUSINESS.”

So, is Mr. Trump exceeding the Constitutional authority he will soon have as President of the United States?

I must first establish the premise that as the Chief Executive, the president does not run our country, nor is he the primary authority in our Constitutional Republic or of American businesses. The office of the president’s few and defined powers are written clearly and succinctly in Article Two of the United States Constitution. These powers include the duties to:

  • Pardon offenses
  • Be the Commander in Chief of Army and Navy, as well as state militias when called into federal service ONLY when a war has been officially declared by Congress
  • Make treaties with the concurrence of 2/3 of Senators
  • Give a State of the Union address
  • Recommend, but not introduce, legislation to Congress
  • Convene emergency session of Congress
  • Receive foreign ambassadors
  • Commission all federal officers
  • Faithfully execute all laws of the United States made by Congress.

Understanding the nature and the limits of the authorities and powers granted to the Executive Branch of the federal government by the Constitution is very liberating unless you countenance tyranny.

Because the Constitution specifically forbids preferential treatment in Article 1, Sec. 9, stating, “no titles of nobility shall be granted by the United States”, the president cannot create immunities that favor one socioeconomic group over another.  In the time of our founders, the entire federal government budget survived on tariffs only, where certain businesses and/or individuals importing foreign goods paid a tariff at a level determined by congress, not the President. 

Therefore the constitutional solution for this topic is for the President elect to equally draw back the regulatory powers that he and his administration have on all businesses in America.  Next he should eliminate unconstitutional agencies that illegally assume authority over American businesses. 

Finally, if the 16th Amendment was properly ratified as some believe it was, then all business taxes in America should be rolled back and rather than taxing businesses manufacturing off shore and bringing products back in, a 35% tariff should be assessed by Congress to those products. This will truly give the American work force the advantage when bidding for the work and ultimately keep jobs here.

God-ordained Constitutional authority can always be used lawfully to accomplish the general welfare of Americans. It is when individuals in America blur the lines, speak to quickly, and don’t pay attention to their words and actions that American liberties are threatened.

Learn more about your Constitution with Jake MacAulay and the Institute on the Constitution and receive your free gift.

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