The immortal Adam Smith

Among other things, Adam Smith devotes an entire chapter of The Wealth of Nations to “Restraints upon the Importation from Foreign Countries.” (See Book IV, Chapter 2 of his magnum opus.) To begin with, the Scottish philosopher-economist concedes right off the bat that “high duties” (i.e. import tariffs) or “absolute prohibitions” (total embargoes) on imports can work to the benefit of local producers: “By restraining, either by high duties or by absolute prohibitions, the importation of such goods from foreign countries as can be produced at home, the monopoly of the home market is more or less secured to the domestic industry employed in producing them” (Wealth of Nations, IV.ii.1).

The father of economics then provides several specific examples of “high duties” or “absolute prohibitions” on foreign trade–specifically, those imposed on the importation of live cattle, salt, corn, wool, and silk:

“Thus the prohibition of importing either live cattle or salt provisions from foreign countries secures to the graziers of Great Britain the monopoly of the home market for butcher’s meat. The high duties upon the importation of corn, which in times of moderate plenty amount to a prohibition, give a like advantage to the growers of that commodity. The prohibition of the importation of foreign woollens is equally favourable to the woollen manufacturers. The silk manufacture, though altogether employed upon foreign materials, has lately obtained the same advantage. The linen manufacture has not yet obtained it, but is making great strides towards it. Many other sorts of manufacturers have, in the same manner, obtained in Great Britain, either altogether or very nearly, a monopoly against their countrymen.” (Ibid.)

Also, Smith notes that these restraints on foreign trade are not just limited to cattle and corn or wool and silk: “The variety of goods of which the importation into Great Britain is prohibited, either absolutely, or under certain circumstances, greatly exceeds what can easily be suspected by those who are not well acquainted with the laws of the customs” (ibid.). And next, Smith further reiterates that restrictions on imports benefit domestic graziers (cattle ranchers), domestic corn growers, as well as domestic woollen and silk manufacturers:

“That this monopoly of the home-market frequently gives great encouragement to that particular species of industry which enjoys it, and frequently turns towards that employment a greater share of both the labour and stock of the society than would otherwise have gone to it, cannot be doubted.” (ibid.Wealth of Nations, IV.ii.2)

It is here, however, where Smith’s analysis starts to get interesting, for he then makes the following offhand observation: “But whether it [i.e. protectionism] tends either to increase the general industry of the society, or to give it the most advantageous direction, is not, perhaps, altogether so evident” (ibid.). In other words, are restrictions on trade good on balance? Are they beneficial overall? Stay tuned, for I will survey Smith’s scathing and still-relevant critique of trade barriers in my next few posts …

1.1 — Introduction
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Does the president have the authority to unilaterally impose import tariffs?

Although the text of Article I, Section 8, Clause 1 of the U.S. Constitution specifically empowers the Congress (not the president) to set import tariffs (“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises …”), it turns out the legislative branch began delegating this power to the president during FDR’s quasi-dictatorship in the 1930s and 40s. (See here, for example, for an introduction to U.S. tariff policy.) As a result, the constitutional question we should be asking instead is this: Does the Congress have the authority to delegate any of its “Article I” powers to another branch of government in the first place? Perhaps it is time for courts to revisit the non-delegation doctrine, though good luck with that, since it turns out that Congress has also delegated most of its lawmaking powers to a plethora of regulatory agencies! (Bonus links: Ilya Somin, Adrian Vermeule, and William Funk.)

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Monday graffiti map

I will address some legal aspects of Trump’s executive order imposing tariffs on imports from our main trading partners (Mexico, Canada, and China) in my next post; in the meantime, today’s “Monday map” post is dedicated to my hometown: Los Angeles, California. Bonus link: Photographer Nicholas White surveys some of the most popular graffiti styles found on the streets of L.A. in this photo-essay.

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Happy Groundhog Day!

Today (2 Feb.) is Groundhog Day!
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Congratulations Adys Ann!

Pictured below (from left to right) is principal Dr Rodriguez, yours truly, my youngest daughter Adys Ann, and my wife Sydjia. Our daughter won her school’s spelling bee two years in a row! School motto: “Work Hard. Play Hard. Pray Hard.”

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Friday funnies: *creative destruction* edition

See also this tweet by @wwwojtekk.

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SpaceCom update

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Among other things, today (30 Jan.) I will be attending a special one-hour session on “Integrating Commercial Innovations for Space Domain Awareness” at this year’s “Space Com” conference, which is taking place in my neck of the woods (Orlando, Florida). In the meantime, if we are going to consider “commercial innovations” to address the problem of space congestion, why not create a market for access to outer space?

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U.S. Presidents who have ruled by decree

The worst offenders were FDR (pictured above), who signed over 3,700 Executive Orders or EOs (see link below), including the infamous Japanese internment order; Woodrow Wilson (1,803 EOs); and Calvin Coolidge (1,203 EOs). By way of comparison, Donald Trump has signed 40 EOs thus far into his second term (see here).

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Ipse Dixit, Episode #807

My colleague and friend Brian Frye has just posted @IpseDixitPod #807, which features Sarah Fackrell (Chicago-Kent) discussing her new law review article “The Counterfeit Sham“. Among other things, Professor Fackrell explains why design patent infringement is different from counterfeiting.

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Monday map: Internet population chart (circa 2008)

Below is the first map that I ever posted to this blog, an “Internet population map” first published on 13 October 2013 (see here). In summary, this map uses data from 2008 to illustrate the raw number of Internet users in each country as well as the percentage of the population in each country with Internet access. I wonder what this map would look like today?

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