Trade Regulation, Import Tariffs and Standards -- U.S. Commercial

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Now realizing that the power to set import quotas has been constitutionally given to Congress, the trouble becomes 1 of examining whether Congress has used this power in a manner violating constitutional principles. Three theories of violation are most greatly possible, though no actionable legal or contractual violation is readily apparent. These three areas of concern are the Contract Clause, substantive due process, and procedural due process.

The "Contract Clause" from the Constitution mandates that "No Region shall . . . pass any law impairing the Obligation of Contracts" (Art. 1, sec. 10[1]). This language on the other hand can not be construed as a grant of economic rights to individuals. Rather, the Contract Clause simply is often a restriction upon the States -- not the federal government -- so that they can't adopt legislation that would interfere with individual contractual relations.

Although other West Coast ports have experienced considerable growth also, Los Angeles has come to be symbolic in the elevated trading between Pacific Rim nations (Jehl, 1990, A:1). Los Angeles could be the heart with the fastest growing trade country from the United States (Brooks, 1991, D1). Recently, the Southland ports surpassed individuals of New York being the nation's highest volume port. One dock official described the flood of imported product as "staggering" (Jehl, 1990, A:1).

Los Angeles has grow to be these kinds of a popular shipping destination due to the fact the L.A. Basin can also be the final destination of more than half of the products coming through the Los Angeles and Lengthy Beach ports (Anderson, 1990, D1). The historic strength from the Southern California economy has attracted these foreign goods. Additionally, these ready customers have shown a willingness to buy imports indiscriminately, especially products and solutions such as electronics and automobiles.

The remaining areas of concern are the related difficulties of substantive and procedural due process. Both issues have constitutional bases that have been additional created by judicial opinions.

 

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