WEBVTT

00:00:00.367 --> 00:00:01.501
LONG STANDING DELEGATION
TRADITION OF VERY BROAD

00:00:01.535 --> 00:00:02.759
TRADITION OF VERY BROAD
DELEGATIONS OF THE FOREIGN

00:00:02.770 --> 00:00:03.670
DELEGATIONS OF THE FOREIGN
COMMERCE POWER GOING BACK TO

00:00:03.704 --> 00:00:05.461
COMMERCE POWER GOING BACK TO
THE FOUNDING, GOING BACK TO.

00:00:05.472 --> 00:00:06.539
THE FOUNDING, GOING BACK TO.
>> FOREIGN COMMERCE. BUT, I

00:00:06.540 --> 00:00:08.431
>> FOREIGN COMMERCE. BUT, I
MEAN, AND I THINK THIS IS A

00:00:08.442 --> 00:00:10.333
MEAN, AND I THINK THIS IS A
QUESTION FOR THE OTHER SIDE AS

00:00:10.344 --> 00:00:11.744
QUESTION FOR THE OTHER SIDE AS
WELL. IT’S TWO TWO FACING. YES,

00:00:11.746 --> 00:00:13.413
WELL. IT’S TWO TWO FACING. YES,
OF COURSE, TARIFFS IN DEALINGS

00:00:13.447 --> 00:00:15.171
OF COURSE, TARIFFS IN DEALINGS
WITH FOREIGN POWERS. BUT THE

00:00:15.182 --> 00:00:17.717
WITH FOREIGN POWERS. BUT THE
VEHICLE IS IMPOSITION OF TAXES

00:00:17.752 --> 00:00:19.610
VEHICLE IS IMPOSITION OF TAXES
ON ON AMERICANS. AND THAT HAS

00:00:19.621 --> 00:00:21.277
ON ON AMERICANS. AND THAT HAS
ALWAYS BEEN THE CORE POWER OF

00:00:21.288 --> 00:00:24.023
ALWAYS BEEN THE CORE POWER OF
CONGRESS. SO TO HAVE THE

00:00:24.058 --> 00:00:24.624
CONGRESS. SO TO HAVE THE
PRESIDENT’S FOREIGN AFFAIRS

00:00:24.625 --> 00:00:28.318
PRESIDENT’S FOREIGN AFFAIRS
POWER TRUMP THAT THAT. BASIC

00:00:28.329 --> 00:00:31.364
POWER TRUMP THAT THAT. BASIC
POWER FOR CONGRESS SEEMS TO ME

00:00:31.366 --> 00:00:35.192
POWER FOR CONGRESS SEEMS TO ME
TO KIND OF AT LEAST NEUTRALIZE

00:00:35.203 --> 00:00:37.470
TO KIND OF AT LEAST NEUTRALIZE
BETWEEN THE TWO POWERS, THE

00:00:37.472 --> 00:00:38.639
BETWEEN THE TWO POWERS, THE
EXECUTIVE POWER AND THE

00:00:38.673 --> 00:00:40.040
EXECUTIVE POWER AND THE
LEGISLATIVE POWER.

00:00:40.041 --> 00:00:41.532
LEGISLATIVE POWER.
>> LET ME SAY TWO THINGS IN

00:00:41.543 --> 00:00:42.742
>> LET ME SAY TWO THINGS IN
RESPONSE TO THAT. FIRST, THE

00:00:42.744 --> 00:00:44.268
RESPONSE TO THAT. FIRST, THE
NOTION THAT THESE ARE THE TAXES

00:00:44.279 --> 00:00:45.603
NOTION THAT THESE ARE THE TAXES
ARE ALL BORNE BY AMERICANS AND

00:00:45.614 --> 00:00:47.371
ARE ALL BORNE BY AMERICANS AND
ARE NOT BORNE BY FOREIGN

00:00:47.382 --> 00:00:48.482
ARE NOT BORNE BY FOREIGN
FOREIGN PRODUCERS WHO ARE WHOSE

00:00:48.483 --> 00:00:50.551
FOREIGN PRODUCERS WHO ARE WHOSE
GOODS ARE IMPORTED. THIS IS

00:00:50.585 --> 00:00:52.543
GOODS ARE IMPORTED. THIS IS
EMPIRICALLY THAT’S NOT THERE’S

00:00:52.554 --> 00:00:53.554
EMPIRICALLY THAT’S NOT THERE’S
NO BASIS FOR THAT IN THE RECORD.

00:00:53.555 --> 00:00:54.912
NO BASIS FOR THAT IN THE RECORD.
IT’S ACTUALLY A MIX.

00:00:54.923 --> 00:00:56.580
IT’S ACTUALLY A MIX.
>> WHO PAYS THE. TARIFFS IF A

00:00:56.591 --> 00:00:59.026
>> WHO PAYS THE. TARIFFS IF A
TARIFF IS IMPOSED ON

00:00:59.060 --> 00:01:01.218
TARIFF IS IMPOSED ON
AUTOMOBILES, WHO PAYS THEM?

00:01:01.229 --> 00:01:02.563
AUTOMOBILES, WHO PAYS THEM?
>> THERE’S A TYPICALLY THERE’D

00:01:02.597 --> 00:01:04.321
>> THERE’S A TYPICALLY THERE’D
BE A REGARDLESS OF WHO THE

00:01:04.332 --> 00:01:05.599
BE A REGARDLESS OF WHO THE
IMPORTER OF RECORD IS, THERE’D

00:01:05.600 --> 00:01:06.467
IMPORTER OF RECORD IS, THERE’D
BE A CONTRACT THAT WOULD GO

00:01:06.501 --> 00:01:08.525
BE A CONTRACT THAT WOULD GO
ALONG THE SORT OF LINE OF

00:01:08.536 --> 00:01:09.293
ALONG THE SORT OF LINE OF
TRANSFER THAT WOULD ALLOCATE

00:01:09.304 --> 00:01:10.871
TRANSFER THAT WOULD ALLOCATE
THE THE TARIFF, AND THERE’D BE

00:01:10.905 --> 00:01:11.528
THE THE TARIFF, AND THERE’D BE
DIFFERENT. YOU KNOW, SOMETIMES

00:01:11.539 --> 00:01:12.873
DIFFERENT. YOU KNOW, SOMETIMES
THE FOREIGN, THE FOREIGN

00:01:12.907 --> 00:01:14.498
THE FOREIGN, THE FOREIGN
PRODUCER WOULD PAY THEM,

00:01:14.509 --> 00:01:15.532
PRODUCER WOULD PAY THEM,
SOMETIMES THE IMPORTER WOULD

00:01:15.543 --> 00:01:16.400
SOMETIMES THE IMPORTER WOULD
BEAR THE COST. THE IMPORTER

00:01:16.411 --> 00:01:17.745
BEAR THE COST. THE IMPORTER
COULD BE AN AMERICAN, COULD BE

00:01:17.779 --> 00:01:19.270
COULD BE AN AMERICAN, COULD BE
A FOREIGN COMPANY. A LOT OF

00:01:19.281 --> 00:01:20.414
A FOREIGN COMPANY. A LOT OF
TIMES IT’S A WHOLLY OWNED

00:01:20.415 --> 00:01:21.438
TIMES IT’S A WHOLLY OWNED
AMERICAN SUBSIDIARY OF A

00:01:21.449 --> 00:01:22.583
AMERICAN SUBSIDIARY OF A
FOREIGN CORPORATION. SO IT GETS

00:01:22.617 --> 00:01:23.474
FOREIGN CORPORATION. SO IT GETS
ALLOCATED. THE EMPIRICAL

00:01:23.485 --> 00:01:25.319
ALLOCATED. THE EMPIRICAL
ESTIMATES RANGE FROM LIKE 30%

00:01:25.320 --> 00:01:27.545
ESTIMATES RANGE FROM LIKE 30%
TO 80% OF LIKE HOW MUCH IS

00:01:27.556 --> 00:01:27.788
TO 80% OF LIKE HOW MUCH IS
BORNE BY.

00:01:27.822 --> 00:01:29.589
BORNE BY.
>> I MEAN, IT’S BEEN SUGGESTED

00:01:29.591 --> 00:01:30.748
>> I MEAN, IT’S BEEN SUGGESTED
THAT THE TARIFFS ARE

00:01:30.759 --> 00:01:31.291
THAT THE TARIFFS ARE
RESPONSIBLE FOR SIGNIFICANT

00:01:31.326 --> 00:01:32.583
RESPONSIBLE FOR SIGNIFICANT
REDUCTION IN OUR DEFICIT. I

00:01:32.594 --> 00:01:33.217
REDUCTION IN OUR DEFICIT. I
WOULD SAY THAT’S RAISING

00:01:33.228 --> 00:01:34.285
WOULD SAY THAT’S RAISING
REVENUE DOMESTICALLY.

00:01:34.296 --> 00:01:35.496
REVENUE DOMESTICALLY.
>> THERE CERTAINLY IS AN

00:01:35.497 --> 00:01:36.530
>> THERE CERTAINLY IS AN
INCIDENTAL AND COLLATERAL

00:01:36.531 --> 00:01:37.688
INCIDENTAL AND COLLATERAL
EFFECT OF THE TARIFFS THAT THEY

00:01:37.699 --> 00:01:39.323
EFFECT OF THE TARIFFS THAT THEY
DO RAISE REVENUE. BUT IT’S VERY

00:01:39.334 --> 00:01:40.357
DO RAISE REVENUE. BUT IT’S VERY
IMPORTANT THAT THEY ARE

00:01:40.368 --> 00:01:41.602
IMPORTANT THAT THEY ARE
REGULATORY TARIFFS, NOT REVENUE

00:01:41.636 --> 00:01:43.003
REGULATORY TARIFFS, NOT REVENUE
RAISING TARIFFS. AND THE WAY

00:01:43.004 --> 00:01:44.761
RAISING TARIFFS. AND THE WAY
YOU CAN SEE THIS, I THINK IF

00:01:44.772 --> 00:01:46.274
YOU CAN SEE THIS, I THINK IF
YOU LOOK AT THIS POLICY, THIS

00:01:46.308 --> 00:01:47.532
YOU LOOK AT THIS POLICY, THIS
POLICY IS BY FAR THE MOST

00:01:47.543 --> 00:01:49.433
POLICY IS BY FAR THE MOST
EFFECTIVE. IF NOBODY EVER PAYS

00:01:49.444 --> 00:01:50.744
EFFECTIVE. IF NOBODY EVER PAYS
THE TARIFFS I SAY TWO POLICIES.

00:01:50.746 --> 00:01:52.470
THE TARIFFS I SAY TWO POLICIES.
RIGHT. SO IF YOU LOOK AT THE

00:01:52.481 --> 00:01:53.380
RIGHT. SO IF YOU LOOK AT THE
TRADE DEFICIT EMERGENCY, IF

00:01:53.415 --> 00:01:54.615
TRADE DEFICIT EMERGENCY, IF
NOBODY EVER PAYS THE TARIFFS

00:01:54.616 --> 00:01:56.073
NOBODY EVER PAYS THE TARIFFS
AND INSTEAD AMERICANS DIRECT

00:01:56.084 --> 00:01:57.218
AND INSTEAD AMERICANS DIRECT
THEIR CONSUMPTION TOWARDS

00:01:57.252 --> 00:01:58.175
THEIR CONSUMPTION TOWARDS
AMERICAN PRODUCERS AND

00:01:58.186 --> 00:02:00.187
AMERICAN PRODUCERS AND
STIMULATE THE REBUILDING OF OUR

00:02:00.222 --> 00:02:01.379
STIMULATE THE REBUILDING OF OUR
HOLLOWED OUT MANUFACTURING BASE,

00:02:01.390 --> 00:02:03.147
HOLLOWED OUT MANUFACTURING BASE,
THEN THE POLICY IS BY FAR THE

00:02:03.158 --> 00:02:04.692
THEN THE POLICY IS BY FAR THE
MOST EFFECTIVE. SO A TARIFF

00:02:04.726 --> 00:02:05.516
MOST EFFECTIVE. SO A TARIFF
REGULATORY TARIFF THAT.

00:02:05.527 --> 00:02:07.928
REGULATORY TARIFF THAT.
>> WHY NOT DO WHAT THE STATUTE

00:02:07.930 --> 00:02:10.588
>> WHY NOT DO WHAT THE STATUTE
PERMITS, BAR IMPORTATION OF

00:02:10.599 --> 00:02:13.401
PERMITS, BAR IMPORTATION OF
PRODUCTS ALTOGETHER? THAT WOULD

00:02:13.435 --> 00:02:15.860
PRODUCTS ALTOGETHER? THAT WOULD
BE THE MOST EFFECTIVE WAY TO DO

00:02:15.871 --> 00:02:16.361
BE THE MOST EFFECTIVE WAY TO DO
IT.

00:02:16.372 --> 00:02:17.962
IT.
>> THE QUESTION DO.

00:02:17.973 --> 00:02:19.373
>> THE QUESTION DO.
>> YOU FOLLOW THE STATUTE? THE

00:02:19.374 --> 00:02:20.741
>> YOU FOLLOW THE STATUTE? THE
STATUTE SAYS THE PRESIDENT CAN

00:02:20.743 --> 00:02:22.500
STATUTE SAYS THE PRESIDENT CAN
DO THAT. WHAT IT DOESN’T SAY IS

00:02:22.511 --> 00:02:25.780
DO THAT. WHAT IT DOESN’T SAY IS
THE PRESIDENT CAN RAISE REVENUE.

00:02:25.781 --> 00:02:27.315
THE PRESIDENT CAN RAISE REVENUE.
>> WHAT IT SAYS HE CAN’T

00:02:27.349 --> 00:02:29.707
>> WHAT IT SAYS HE CAN’T
REGULATE IMPORTATION AND GO.

00:02:29.718 --> 00:02:30.351
REGULATE IMPORTATION AND GO.
>> REGULATE.

00:02:30.386 --> 00:02:31.753
>> REGULATE.
>> HUNDREDS OF YEARS THE WAY.

00:02:31.754 --> 00:02:34.346
>> HUNDREDS OF YEARS THE WAY.
>> YOU WROTE CAUSING IT,

00:02:34.357 --> 00:02:35.713
>> YOU WROTE CAUSING IT,
SUBJECTING SOME COUNTRIES AND

00:02:35.724 --> 00:02:39.761
SUBJECTING SOME COUNTRIES AND
NOT OTHERS TO IMPORTATION BANS.

00:02:39.795 --> 00:02:42.387
NOT OTHERS TO IMPORTATION BANS.
THERE’S A LOT OF VERBS, BUT

00:02:42.398 --> 00:02:44.966
THERE’S A LOT OF VERBS, BUT
NONE OF THEM INCLUDE GENERATING

00:02:44.967 --> 00:02:48.970
NONE OF THEM INCLUDE GENERATING
REVENUE AS A SIDE EFFECT OR

00:02:48.971 --> 00:02:51.005
REVENUE AS A SIDE EFFECT OR
DIRECTLY.

00:02:51.006 --> 00:02:52.730
DIRECTLY.
>> LET ME LET ME ADDRESS THAT

00:02:52.741 --> 00:02:54.375
>> LET ME LET ME ADDRESS THAT
VERB POINT, IF I MAY, BECAUSE

00:02:54.410 --> 00:02:55.467
VERB POINT, IF I MAY, BECAUSE
THINK ABOUT THE CANONICAL

00:02:55.478 --> 00:02:56.878
THINK ABOUT THE CANONICAL
EXAMPLE A STATUTE THAT REFERS

00:02:56.879 --> 00:02:58.770
EXAMPLE A STATUTE THAT REFERS
TO A LIST OF SWORDS, KNIVES,

00:02:58.781 --> 00:03:00.338
TO A LIST OF SWORDS, KNIVES,
DAGGERS, DIRKS, AND PIKES.

00:03:00.349 --> 00:03:01.616
DAGGERS, DIRKS, AND PIKES.
THERE YOU LOOK AT THOSE THAT

00:03:01.617 --> 00:03:03.284
THERE YOU LOOK AT THOSE THAT
LIST OF THINGS AND YOU SAY

00:03:03.319 --> 00:03:04.810
LIST OF THINGS AND YOU SAY
THOSE ARE ALL WEAPONS.

00:03:04.821 --> 00:03:05.610
THOSE ARE ALL WEAPONS.
THEREFORE, A PIKE IS A SPEAR,

00:03:05.621 --> 00:03:07.779
THEREFORE, A PIKE IS A SPEAR,
NOT NOT A FISH IN THAT

00:03:07.790 --> 00:03:09.281
NOT NOT A FISH IN THAT
PARTICULAR CONTEXT. NOW LOOK AT

00:03:09.292 --> 00:03:10.549
PARTICULAR CONTEXT. NOW LOOK AT
THIS LIST OF VERBS BLOCK,

00:03:10.560 --> 00:03:12.360
THIS LIST OF VERBS BLOCK,
PROHIBIT, COMPEL, DIRECT AND SO

00:03:12.395 --> 00:03:13.528
PROHIBIT, COMPEL, DIRECT AND SO
FORTH. YOU DON’T LOOK AT THAT

00:03:13.529 --> 00:03:15.387
FORTH. YOU DON’T LOOK AT THAT
NATURALLY AS AN ORDINARY READER

00:03:15.398 --> 00:03:16.698
NATURALLY AS AN ORDINARY READER
AND SAY, OH, LOOK, THEY’RE ALL

00:03:16.699 --> 00:03:17.589
AND SAY, OH, LOOK, THEY’RE ALL
NOT REVENUE RAISING. WHAT YOU

00:03:17.600 --> 00:03:19.534
NOT REVENUE RAISING. WHAT YOU
SAY IS THEY’RE ALL VERY BROAD,

00:03:19.535 --> 00:03:20.735
SAY IS THEY’RE ALL VERY BROAD,
POWERFUL, YOU KNOW, GENERAL

00:03:20.736 --> 00:03:21.226
POWERFUL, YOU KNOW, GENERAL
ACTIONS.

00:03:21.237 --> 00:03:22.961
ACTIONS.
>> GENERAL, THE VERBS THAT ARE

00:03:22.972 --> 00:03:24.530
>> GENERAL, THE VERBS THAT ARE
IN THE STATUTE ARE ACTUALLY

00:03:24.541 --> 00:03:26.074
IN THE STATUTE ARE ACTUALLY
DOING SOMETHING. I MEAN,

00:03:26.108 --> 00:03:27.408
DOING SOMETHING. I MEAN,
THEY’RE IN THE STATUTE FOR A

00:03:27.410 --> 00:03:30.202
THEY’RE IN THE STATUTE FOR A
REASON. AND AS I UNDERSTAND IT,

00:03:30.213 --> 00:03:31.270
REASON. AND AS I UNDERSTAND IT,
CONGRESS ACTUALLY EXPLAINED TO

00:03:31.281 --> 00:03:34.649
CONGRESS ACTUALLY EXPLAINED TO
US IN ITS SENATE REPORT AND

00:03:34.650 --> 00:03:36.541
US IN ITS SENATE REPORT AND
HOUSE REPORT WHEN IT ENACTED

00:03:36.552 --> 00:03:39.621
HOUSE REPORT WHEN IT ENACTED
THE 1941 AMENDMENTS TO WHAT IT

00:03:39.655 --> 00:03:41.513
THE 1941 AMENDMENTS TO WHAT IT
WAS DOING. IT SAID THAT WHAT WE

00:03:41.524 --> 00:03:43.115
WAS DOING. IT SAID THAT WHAT WE
ARE DOING IS AUTHORIZING THE

00:03:43.126 --> 00:03:44.883
ARE DOING IS AUTHORIZING THE
PRESIDENT, THE SENATE REPORT,

00:03:44.894 --> 00:03:47.730
PRESIDENT, THE SENATE REPORT,
QUOTE, TO CONTROL OR FREEZE

00:03:47.764 --> 00:03:49.288
QUOTE, TO CONTROL OR FREEZE
PROPERTY TRANSACTIONS WHERE A

00:03:49.299 --> 00:03:50.532
PROPERTY TRANSACTIONS WHERE A
FOREIGN INTEREST IS INVOLVED.

00:03:50.566 --> 00:03:52.590
FOREIGN INTEREST IS INVOLVED.
THERE’S SIMILAR LANGUAGE ABOUT

00:03:52.601 --> 00:03:54.837
THERE’S SIMILAR LANGUAGE ABOUT
CONTROLLING FREEZING CONTROL IN

00:03:54.871 --> 00:03:56.972
CONTROLLING FREEZING CONTROL IN
THE HOUSE REPORT. SO I

00:03:56.973 --> 00:03:58.464
THE HOUSE REPORT. SO I
APPRECIATE THAT. GENERALLY YOU

00:03:58.475 --> 00:04:00.532
APPRECIATE THAT. GENERALLY YOU
CAN LOOK AT THESE WORDS AND YOU

00:04:00.543 --> 00:04:01.843
CAN LOOK AT THESE WORDS AND YOU
CAN IMAGINE THAT THEY MEAN

00:04:01.845 --> 00:04:03.336
CAN IMAGINE THAT THEY MEAN
CERTAIN THINGS. BUT HERE WE

00:04:03.347 --> 00:04:05.304
CERTAIN THINGS. BUT HERE WE
HAVE EVIDENCE THAT CONGRESS WAS

00:04:05.315 --> 00:04:07.249
HAVE EVIDENCE THAT CONGRESS WAS
ACTUALLY TRYING TO DO A

00:04:07.283 --> 00:04:08.774
ACTUALLY TRYING TO DO A
PARTICULAR THING WITH RESPECT

00:04:08.785 --> 00:04:10.509
PARTICULAR THING WITH RESPECT
TO THE AUTHORITY THAT IT WAS

00:04:10.520 --> 00:04:11.520
TO THE AUTHORITY THAT IT WAS
PRESENTING TO THE PRESIDENT,

00:04:11.554 --> 00:04:14.179
PRESENTING TO THE PRESIDENT,
AND THAT THING WAS NOT RAISING

00:04:14.190 --> 00:04:14.913
AND THAT THING WAS NOT RAISING
REVENUE.

00:04:14.924 --> 00:04:17.893
REVENUE.
>> I THINK THAT WHAT THE POWERS

00:04:17.894 --> 00:04:19.228
>> I THINK THAT WHAT THE POWERS
THAT CONGRESS WAS CONFERRING ON

00:04:19.262 --> 00:04:20.419
THAT CONGRESS WAS CONFERRING ON
THE PRESIDENT ARE BEST

00:04:20.430 --> 00:04:21.797
THE PRESIDENT ARE BEST
UNDERSTOOD THROUGH THE PLAIN

00:04:21.798 --> 00:04:22.631
UNDERSTOOD THROUGH THE PLAIN
TEXT OF THE STATUTES, WHICH

00:04:22.666 --> 00:04:23.256
TEXT OF THE STATUTES, WHICH
INCLUDES REGULATING.

00:04:23.267 --> 00:04:25.300
INCLUDES REGULATING.
>> I KNOW, BUT SOME OF US CARE

00:04:25.302 --> 00:04:26.325
>> I KNOW, BUT SOME OF US CARE
ABOUT THE LEGISLATIVE HISTORY.

00:04:26.336 --> 00:04:27.537
ABOUT THE LEGISLATIVE HISTORY.
AND SO THE PLAIN TEXT OF THE

00:04:27.570 --> 00:04:29.928
AND SO THE PLAIN TEXT OF THE
STATUTE HAS CERTAIN VERBS IN IT.

00:04:29.939 --> 00:04:32.107
STATUTE HAS CERTAIN VERBS IN IT.
IT ALSO HAS REGULATE COMMERCE,

00:04:32.108 --> 00:04:34.309
IT ALSO HAS REGULATE COMMERCE,
AS YOU SAY. AND WHEN I LOOK AT

00:04:34.311 --> 00:04:36.412
AS YOU SAY. AND WHEN I LOOK AT
THE LEGISLATIVE HISTORY, IT

00:04:36.413 --> 00:04:37.813
THE LEGISLATIVE HISTORY, IT
APPEARS AS THOUGH CONGRESS WAS

00:04:37.814 --> 00:04:39.248
APPEARS AS THOUGH CONGRESS WAS
TRYING TO GIVE THE PRESIDENT

00:04:39.282 --> 00:04:40.506
TRYING TO GIVE THE PRESIDENT
THE AUTHORITY TO, QUOTE,

00:04:40.517 --> 00:04:42.375
THE AUTHORITY TO, QUOTE,
CONTROL OR FREEZE PROPERTY

00:04:42.386 --> 00:04:43.485
CONTROL OR FREEZE PROPERTY
TRANSACTIONS WHERE FOREIGN

00:04:43.487 --> 00:04:46.179
TRANSACTIONS WHERE FOREIGN
INTEREST IS INVOLVED AND IN THE

00:04:46.190 --> 00:04:47.389
INTEREST IS INVOLVED AND IN THE
CONTEXT THAT MAKES PERFECT

00:04:47.390 --> 00:04:48.390
CONTEXT THAT MAKES PERFECT
SENSE, BECAUSE WE’RE TALKING

00:04:48.392 --> 00:04:50.750
SENSE, BECAUSE WE’RE TALKING
ABOUT A WARTIME DYNAMIC. AND

00:04:50.761 --> 00:04:52.828
ABOUT A WARTIME DYNAMIC. AND
WHAT IS HAPPENING IS THE

00:04:52.829 --> 00:04:53.896
WHAT IS HAPPENING IS THE
PRESIDENT NEEDS THE AUTHORITY

00:04:53.930 --> 00:04:55.354
PRESIDENT NEEDS THE AUTHORITY
TO PREVENT TRADING WITH THE

00:04:55.365 --> 00:04:57.500
TO PREVENT TRADING WITH THE
ENEMY IN THE MIDST OF A WAR.

00:04:57.534 --> 00:04:59.592
ENEMY IN THE MIDST OF A WAR.
AND THAT SEEMS TO BE THE FOCUS

00:04:59.603 --> 00:05:01.394
AND THAT SEEMS TO BE THE FOCUS
OF THIS STATUTE. SO I GUESS I’M

00:05:01.405 --> 00:05:03.539
OF THIS STATUTE. SO I GUESS I’M
CONCERNED ABOUT JUST SORT OF

00:05:03.540 --> 00:05:04.563
CONCERNED ABOUT JUST SORT OF
TAKING A PARTICULAR WORD HERE

00:05:04.574 --> 00:05:06.409
TAKING A PARTICULAR WORD HERE
AND THERE AND SAYING THAT THE

00:05:06.443 --> 00:05:08.567
AND THERE AND SAYING THAT THE
GENERAL VIEW OF IT MIGHT

00:05:08.578 --> 00:05:10.379
GENERAL VIEW OF IT MIGHT
INCLUDE RAISING REVENUE, WHEN

00:05:10.414 --> 00:05:12.448
INCLUDE RAISING REVENUE, WHEN
IN FACT IT LOOKS AS THOUGH THE

00:05:12.449 --> 00:05:14.340
IN FACT IT LOOKS AS THOUGH THE
AIM OF THIS WAS REALLY TO GIVE

00:05:14.351 --> 00:05:16.576
AIM OF THIS WAS REALLY TO GIVE
THE PRESIDENT A CERTAIN KIND OF

00:05:16.587 --> 00:05:18.220
THE PRESIDENT A CERTAIN KIND OF
AUTHORITY TO FREEZE THE ASSETS

00:05:18.255 --> 00:05:19.512
AUTHORITY TO FREEZE THE ASSETS
OF, OF THE ENEMY.

00:05:19.523 --> 00:05:21.557
OF, OF THE ENEMY.
>> AND LET ME SAY TWO THINGS IN

00:05:21.558 --> 00:05:23.282
>> AND LET ME SAY TWO THINGS IN
RESPONSE TO THAT. FIRST, AS THE

00:05:23.293 --> 00:05:24.460
RESPONSE TO THAT. FIRST, AS THE
NOTION THAT THIS IS A REVENUE

00:05:24.461 --> 00:05:26.462
NOTION THAT THIS IS A REVENUE
RAISING TACTIC OR POWER, IT IS

00:05:26.463 --> 00:05:27.396
RAISING TACTIC OR POWER, IT IS
NOT. WE ARE ASSERTING A

00:05:27.431 --> 00:05:28.488
NOT. WE ARE ASSERTING A
REGULATORY POWER. IT’S A

00:05:28.499 --> 00:05:31.100
REGULATORY POWER. IT’S A
DELEGATION OF POWER TO REGULATE

00:05:31.135 --> 00:05:32.025
DELEGATION OF POWER TO REGULATE
FOREIGN COMMERCE. THE WAY TO

00:05:32.036 --> 00:05:33.393
FOREIGN COMMERCE. THE WAY TO
CONTROL IMPORTS TRADITIONALLY

00:05:33.404 --> 00:05:34.670
CONTROL IMPORTS TRADITIONALLY
HAS BEEN TO TARIFF THEM. THEY

00:05:34.672 --> 00:05:36.263
HAS BEEN TO TARIFF THEM. THEY
SAY, WELL, YOU CAN IMPOSE

00:05:36.274 --> 00:05:37.306
SAY, WELL, YOU CAN IMPOSE
QUOTAS. WELL, QUOTAS ARE

00:05:37.341 --> 00:05:37.931
QUOTAS. WELL, QUOTAS ARE
ESSENTIALLY ECONOMICALLY, YOU

00:05:37.942 --> 00:05:39.142
ESSENTIALLY ECONOMICALLY, YOU
KNOW, ECONOMICALLY EQUIVALENT

00:05:39.143 --> 00:05:40.734
KNOW, ECONOMICALLY EQUIVALENT
TO TARIFFS. SO THE QUESTION IS

00:05:40.745 --> 00:05:42.478
TO TARIFFS. SO THE QUESTION IS
WHY WOULD YOU BE ABLE TO QUOTA

00:05:42.479 --> 00:05:43.602
WHY WOULD YOU BE ABLE TO QUOTA
UNDER REGULATE BUT NOT TARIFF

00:05:43.613 --> 00:05:44.347
UNDER REGULATE BUT NOT TARIFF
UNDER REGULATE WHEN THE TARIFFS

00:05:44.381 --> 00:05:45.481
UNDER REGULATE WHEN THE TARIFFS
ARE THEMSELVES REGULATORY? AND

00:05:45.482 --> 00:05:48.007
ARE THEMSELVES REGULATORY? AND
LET ME TURN BACK TO THE

00:05:48.018 --> 00:05:48.618
LET ME TURN BACK TO THE
QUESTION. I WAS THE RESPONSE I

00:05:48.652 --> 00:05:50.052
QUESTION. I WAS THE RESPONSE I
WAS GIVING THE ANSWER.

00:05:50.054 --> 00:05:51.278
WAS GIVING THE ANSWER.
>> COULD THE ANSWER BE THAT IN

00:05:51.289 --> 00:05:53.179
>> COULD THE ANSWER BE THAT IN
OTHER PLACES WHERE CONGRESS

00:05:53.190 --> 00:05:54.657
OTHER PLACES WHERE CONGRESS
WANTS THAT PARTICULAR FORM OF

00:05:54.658 --> 00:05:57.517
WANTS THAT PARTICULAR FORM OF
REGULATION TO BE USED, THEY SAY

00:05:57.528 --> 00:06:00.430
REGULATION TO BE USED, THEY SAY
IMPOSE DUTIES. THEY SAY YOU CAN

00:06:00.464 --> 00:06:03.466
IMPOSE DUTIES. THEY SAY YOU CAN
TAX MR. PRESIDENT HERE. THEY

00:06:03.467 --> 00:06:05.158
TAX MR. PRESIDENT HERE. THEY
DON’T SAY THAT.

00:06:05.169 --> 00:06:06.493
DON’T SAY THAT.
>> I’D SAY TWO THINGS IN

00:06:06.504 --> 00:06:07.394
>> I’D SAY TWO THINGS IN
RESPONSE TO THAT. THAT’S THE

00:06:07.405 --> 00:06:09.329
RESPONSE TO THAT. THAT’S THE
VERY ARGUMENT THAT THIS COURT

00:06:09.340 --> 00:06:10.573
VERY ARGUMENT THAT THIS COURT
REJECTED IN ALGONQUIN, THAT THE

00:06:10.608 --> 00:06:12.632
REJECTED IN ALGONQUIN, THAT THE
FACT THAT THESE OTHER SPECIFIC

00:06:12.643 --> 00:06:13.400
FACT THAT THESE OTHER SPECIFIC
STATUTES, IF YOU SAY IT THAT

00:06:13.411 --> 00:06:14.611
STATUTES, IF YOU SAY IT THAT
WAY, YOU HAVE TO.

00:06:14.612 --> 00:06:16.880
WAY, YOU HAVE TO.
>> IF WE DISAGREE WITH YOU THAT

00:06:16.914 --> 00:06:18.214
>> IF WE DISAGREE WITH YOU THAT
ALGONQUIN IS A SIMILAR CONTEXT,

00:06:18.215 --> 00:06:19.582
ALGONQUIN IS A SIMILAR CONTEXT,
DO YOU HAVE ANOTHER STATUTE OR

00:06:19.584 --> 00:06:20.040
DO YOU HAVE ANOTHER STATUTE OR
ANOTHER CIRCUMSTANCE?

00:06:20.051 --> 00:06:21.417
ANOTHER CIRCUMSTANCE?
>> AND AGAIN, NOT TO ALGONQUIN

00:06:21.419 --> 00:06:22.586
>> AND AGAIN, NOT TO ALGONQUIN
AGAIN, BUT BUT OBVIOUSLY WE

00:06:22.620 --> 00:06:24.544
AGAIN, BUT BUT OBVIOUSLY WE
DISCUSSED THE PHRASE ADJUST

00:06:24.555 --> 00:06:25.412
DISCUSSED THE PHRASE ADJUST
IMPORTS. AND THEY SAID NO. THE

00:06:25.423 --> 00:06:27.357
IMPORTS. AND THEY SAID NO. THE
NATURAL WAY TO DO THAT IS TO

00:06:27.391 --> 00:06:28.524
NATURAL WAY TO DO THAT IS TO
TARIFF THEM. AND THEY

00:06:28.526 --> 00:06:29.750
TARIFF THEM. AND THEY
SPECIFICALLY SAID IT MAKES NO

00:06:29.761 --> 00:06:30.227
SPECIFICALLY SAID IT MAKES NO
SENSE AT ALL TO TO AUTHORIZE
