Trump’s export agreement with Nvidia and AMD can be unconstitutional

Good morning. The unprecedented agreement of 15% of the US government by 15% with NVIDIA and AMD on the sales of Chinese fleas could go to a company near you. The American secretary of the Treasury, Scott Bessent, described this as “beta test” in a Bloomberg television interview yesterday, adding: “We could see him in other industries over time.”
This comes at a time when new prices report enough money to slow down the growth of the national debt of 37 billions of US dollars, according to the committee for a responsible federal budget.
If, as Bessent argues, the agreement of the fries of the White House goes by gathering because there are no national security problems which require export controls on these Special products, another question remains: article 1, section 9, of the American Constitution, otherwise known as “export clause”, clearly declares that “no tax or obligation will be imposed on the exported articles of a state”.
When the efforts to impose excise taxes brought before the Supreme Court in the past, like the United States c. IBM or the United States c. United States Shoe Corp., the court judged in favor of business. In the first case, IBM succeeded in carrying out a tax on insurance for goods for export. In the second, the United States Shoe Corp. Was spared fees on exports passing through American ports.
In both cases, the Supreme Court quoted the export clause as reasons for prohibiting the government from receiving money on goods intended for sale abroad. But these decisions were made respectively in 1996 and 1998. The court of today could adopt a different position, especially with regard to the power of the executive.
With Beijing and Washington, Armament Exports and policies concerning prices and export controls changing daily, the next step is not clear. I am curious to obtain thoughts of business leaders on the impact of the current political environment on their global growth strategy. Send your reflections to the email below and thank you for joining the conversation.
Contact the CEO every day via Diane Brady in Diane.brady@fortune.com.
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