Trade Policy is Now Foreign Policy — Historical Growth in Importance.

Stuart S. Malawer — U.S. NATIONAL SECURITY LAW (2009)

Trade policy today is central to foreign policy. It is also crucial to domestic policy. The U.S. Constitution gave the job of regulating trade exclusively to Congress under Article 1, Section 8, Clause 3. But this was late in the 18th century, when trade was barely more than setting customs duties. Not of great popular concern. The Constitution gave great powers to the President in foreign affairs and they grew greatly over the next two centuries. The problem is this. In the 21st century trade has emerged as the most important foreign policy and domestic policy issue. Yet, the structural context of dealing with it is dated. What needs to be done? Once trade was considered a bipartisan concern or even nonpartisan. We need to turn back to this attitude. Is this likely? Not sure.

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About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (School of Public Policy).
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