Trade Act of 1974

📌 Link to the Text of the Act

Read the statute (19 U.S.C. § 2101 et seq.)

📌 Why It Was Done

The Trade Act of 1974 was enacted to give the President fast-track authority to negotiate trade agreements, expand global commerce, and create mechanisms to deal with unfair foreign trade practices.

📌 Pre-existing Law or Constitutional Rights

Prior trade laws gave presidents tariff authority, but this Act was the first to create fast-track procedures that limited Congress to an up-or-down vote on trade deals.

It reshaped how the legislative and executive branches share trade powers.

📌 Overreach or Proper Role?

Supporters argue it made U.S. trade policy more effective in negotiations. Critics say it ceded too much congressional authority to the President.

📌 Who or What It Controls

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  Executive branch (empowered to negotiate trade deals)
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  Congress (restricted to up-or-down votes)
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  Businesses and workers (affected by tariffs, imports, and globalization)
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  Foreign partners (negotiate agreements under U.S. terms)

📌 Key Sections / Citations

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  19 U.S.C. § 2111: Trade agreement authority
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  19 U.S.C. § 2251: “Escape clause” safeguards for U.S. industries
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  19 U.S.C. § 2411 (Section 301): Authorizes retaliation against unfair trade practices

📌 Recent Changes or Live Controversies

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  Used in trade deals like NAFTA (1994), CAFTA, and USMCA (2018)
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  Section 301 became the basis for tariffs on China under the Trump administration
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  Ongoing debates about whether Congress should reclaim more trade authority

📌 Official Sources

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  Congress.gov – Trade Act of 1974
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  U.S. Trade Representative – Trade Law
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  19 U.S.C. § 2101 et seq. – U.S. Code