Sheldon Richman, writing for the Foundation for Economic Freedom, on The Unconstitutionality of Protectionism
Even the staunchest free trader might reluctantly concede that the apparatus of protectionism—tariffs, import quotas, and antidumping duties—is constitutional because clause 3 of Article I, Section 8, of the U.S. Constitution delegates to Congress “power…to regulate commerce with foreign nations….”
Before we make too hasty a concession, however, let’s take a closer look. Clause 1 of the section establishing Congress’s powers states, in part, “The Congress shall have power to lay and collect taxes…to…provide for the general welfare of the United States….” The preamble to the Constitution also declares that one purpose of the document is to “promote the general welfare.”
Read the rest here. This entry also posted at Yahoo! Groups – Libertarian.