The Constitutional Critic on Executive Order 14220 – Addressing the Threat to National Security from Imports of Copper
Summary:
On March 10, 2025, in his second term, President Trump issued Executive Order 14220 under Section 232 of the Trade Expansion Act of 1962, claiming that U.S. dependence on copper imports threatens national security, economic strength, and industrial resilience. The order mandates an investigation to assess the national security impact of these imports and proposes measures to protect domestic copper production.
Government’s Public Rationale:
The stated intent is to safeguard national security and economic stability by ensuring a "reliable, secure, and resilient domestic copper supply chain." The rationale seems rooted in:
- Copper's Critical Role: Essential for defense, infrastructure, clean energy, electric vehicles, and advanced electronics.
- Supply Chain Vulnerability: Increasing reliance on foreign copper sources, with over 50 percent of global smelting capacity controlled by a single foreign producer.
- Market Manipulation Risks: Concerns over foreign market manipulation through subsidies, overcapacity, dumping, and potential export restrictions.
The Real Motive – A Constitutional Critic's Perspective:
Economic Manipulation and Crony Capitalism: This executive order smacks of an effort to benefit Trump's allies in the domestic mining industry. By painting imports as a threat to national security, the government provides a pretext for shielding these allies from foreign competition, potentially enriching them at the public's expense.
Potential Overreach: The Trump administration has a history of using executive power to bypass legislative checks and balances. This order gives the executive branch the authority to investigate and impose trade restrictions without Congress's input, potentially violating the separation of powers outlined in the Constitution.
Hypocrisy and Motive: While the stated policy is to protect national security, this may well be a smokescreen for:
- Rent-Seeking Behavior: Creating artificial demand for domestic copper could lead to higher prices, benefiting domestic producers and possibly aligning with Trump’s personal interests or those of his allies.
- Political Posturing: The move might be an attempt to appear tough on foreign influence and strengthen Trump's image as a 'law and order' president, echoing his first term's tariff impositions.
Impact on Federalism: By enforcing nationwide policies on state-regulated industries, this order undermines state sovereignty, the very principle the Founding Fathers believed was essential to guard against tyranny.
Erosion of Rights:
- Property Rights: The order does not directly mention confiscation or restriction of personal copper, but broad trade restrictions could indirectly infringe upon citizens' rights to dispose of or acquire property freely.
- Economic Liberty: Using national security to justify potential tariffs or restrictions would distort the free market, a cornerstone of American economic liberty.
Unveiling Political Manipulation:
- Rewarding Political Allies: This move could bolster domestic mining companies, aligning with Trump's practice of favoring industries aligned with his political supporters.
- Bypassing Congress: By claiming national security threats, the executive branch circumvents the legislative process, potentially using this order to benefit those who funded Trump's campaign or aligned with his political agenda.
Conclusion:
Executive Order 14220 epitomizes the government's penchant for crafting policies that might serve ulterior motives, obscure constitutional violations, and restrict individual rights. The order's veneer of safeguarding national security may mask economic manipulation, crony capitalism, and political posturing. Citizens must remain vigilant, question the government's intentions, and demand accountability to preserve the principles enshrined in our Constitution. The Constitutional Critic will continue to expose government hypocrisy and call out potential infringements on our rights and liberties.