BUL Essay #1

.docx

School

University of South Florida *

*We aren’t endorsed by this school

Course

5201

Subject

Political Science

Date

Apr 3, 2024

Type

docx

Pages

2

Uploaded by CommodoreBat1940

Report
To: Members of the North Carolina State Legislature From: Leandro Prado Carneiro, Counsel to the North Carolina State Legislature Date: 02/24/2024 Subject: Constitutionality of Proposed Tariff on Foreign-Manufactured Textiles and Furniture I. Introduction This memorandum's legal analysis aims to determine if imposing a 25% tariff on all furniture and textile imports entering North Carolina that are made abroad is lawful. The main goals of this tariff proposal are to preserve and advance the interests of the state's furniture and textile producers and to promote employment growth. II. Legal Analysis A. Federal Constitutionality 1. Commerce Clause: The Commerce Clause, included in Article I, Section 8, Clause 3, of the United States Constitution, gives Congress the power to control trade with other countries. But according to the Supreme Court's interpretation, this jurisdiction includes the ability to control both domestic and international trade. States therefore have some limited jurisdiction to regulate commerce with other countries, even if Congress has the primary authority to do so. This is especially true in areas where Congress hasn't expressly prohibited state action. 2. Supremacy Clause: Article VI, Clause 2 of the Constitution includes the Supremacy Clause asserting that federal laws, treaties, and the Constitution itself hold authority than state laws that clash with them. Therefore, according to the Supremacy Clause, any state measure or law that goes against a law or treaty is considered void. B. State Constitutionality 1. State Police Powers: States are endowed with the inherent police power to create rules and regulations that advance the welfare, morality, safety, and health of their citizens. If these laws don't violate the Constitution or federal law, states are given the freedom to control economic activity within their boundaries, including the ability to impose taxes or tariffs on imported goods. III. Conclusion According to the legal analysis shown above, there are serious constitutional issues with the proposed levy on furniture and textiles imported into North Carolina that are made elsewhere.
1. Federal Constitutionality: The business and Supremacy Clauses place restrictions on states' ability to regulate business with other countries, even if they still have some discretion in this area. The proposed levy is likely to be declared unlawful because to federal law's preemption of states' authority to put tariffs on imported goods, as well as the federal government's comprehensive regulation of international trade. 2. State Constitutionality: The Supremacy Clause declares unconstitutional any state action or legislation that clashes with either federal law or the Constitution, even though states have extensive police authorities to control economic activity inside their borders. Therefore, if the proposed tariff directly violated federal law or treaty obligations, it would be unlawful even if it were determined to fall within the purview of North Carolina's police powers. IV. Recommendation Given the noteworthy constitutional issues brought up by the proposed tariff, the North Carolina State Legislature should not pass any legislation of this kind. Rather, in order to ensure compliance with federal law and constitutional principles, alternative methods should be investigated to solve the economic issues affecting the state's furniture and textile businesses. Should you have any further questions or require additional analysis, please do not hesitate to contact me. Sincerely, Leandro Prado Carneiro Counsel to the North Carolina State Legislature.
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