New PPI Report Warns That DOJ’s Remedies in U.S. v. Google Could Short-Change Consumers

WASHINGTON The U.S. Department of Justice (DOJ) monopolization case against online search giant Google has almost run its course. After a major win for the government last year, the U.S. District Court for the District of Columbia is now considering remedies for restoring competition in the markets for online search

Today, the Progressive Policy Institute (PPI) released a new report, “Antitrust Remedies and U.S. v. Google: Putting the Consumer Back into the ‘Fix,’authored by Diana L. Moss, Vice President and Director of Competition Policy at PPI. The report unpacks the government’s proposed remedies against the backdrop of antitrust’s bedrock consumer welfare standard. The standard plays an important role in the District Court’s ultimate determination of whether the remedies in U.S. v. Google (2020) are in the public interest. 

“History is clear that consumers benefit from antitrust remedies that succeed in restoring competition in a market and bear the burden of those that fail,” said Moss. PPI’s report notes that the remedies debate is not over any single “fix” but the DOJ’s complex package of structural and conduct fixes designed to open up markets to competition by new search engines. 

Set against the complex backdrop of digital ecosystems, PPI argues that the DOJ’s remedies do not account for the impact on consumers under the full scope of the consumer welfare standard. This includes incentives to innovate and improve quality, such as protecting user privacy and data security. Moreover, the DOJ’s remedies entail a sweeping restructuring of the online search market and a decade of “quasi-regulation” of a standalone search platform — with lasting effects on the broader search ecosystem.

Moss explained that, “A strong remedy is needed to restore competition in online search, but the complexity of the government’s proposed fix could well have unintended, adverse effects on consumers.” The District Court has the unique opportunity in U.S. v. Google to ensure a strong remedy that restores competition while striking a better balance to protect consumers under the consumer welfare standard.

Read and download the report here.

The Progressive Policy Institute (PPI) is a catalyst for policy innovation and political reform based in Washington, D.C. Its mission is to create radically pragmatic ideas for moving America beyond ideological and partisan deadlock. Learn more about PPI by visiting progressivepolicy.org. Find an expert at PPI and follow us on Twitter.

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Media Contact: Alex Terr – aterr@ppionline.org

Antitrust Remedies and U.S. v. Google: Putting the Consumer Back into the “Fix”

EXECUTIVE SUMMARY

Democratic and Republican administrations have brought and litigated antitrust cases involving some of the largest U.S. digital and technology companies over the last five years. These cases allege that companies engaged in strategic business practices to maintain or extend their monopolies, squeezing out competition in markets such as online search, smartphones, eCommerce, and social media. Now, the oldest of these monopolization cases, U.S. v. Google, has almost run its course.

The U.S. v. Google case spans three political administrations. The “Trump 1.0” Department of Justice (DOJ) brought the case in 2020, the Biden DOJ successfully litigated it, and the “Trump 2.0” DOJ will bring it to a conclusion. After a major win for the government in 2024, the U.S. District Court for the District of Columbia (District Court) is now considering the Biden DOJ’s proposed remedies for restoring competition in the markets for online search.

The long legal journey for U.S. v. Google and other pending monopolization cases will tell us a lot about how large antitrust cases survive changes in administrations and enforcement priorities. At the center of the remedies debate in U.S. v. Google is antitrust’s bedrock consumer welfare standard, which has been buffeted by shifting ideological winds over the last several years.

Consumers benefit from antitrust remedies that succeed in restoring competition in a market, but they also bear the burden of those that fail or have unintended consequences. The consumer welfare standard captures a wide range of possible effects from these outcomes, including less choice, lower quality, slower innovation, or higher prices. The critical consumer perspective in U.S. v. Google is the focus of this Progressive Policy Institute (PPI) report.

At the center of the remedies debate is not any single “fix” but the DOJ’s complex package of structural and conduct fixes that is designed to open up markets to competition by new search engines. The government’s approach entails a sweeping restructuring and decade of “quasi-regulation” that will have a significant impact on search markets. It will also leave an indelible imprint on complementary markets, such as internet browsing, cloud computing, applications, and devices.

PPI argues that the DOJ’s remedies proposal does not account for its impact on consumers under the full scope of the consumer welfare standard. The government’s approach recognizes the importance of consumer choice in online search markets, but only in passing. The proposal also overlooks the effect of the remedies on firms’ incentives to innovate and improve quality, both of which will directly affect consumers. Moreover, PPI’s analysis reveals that the complexity of the government’s proposed remedies in U.S. v. Google could have unintended, detrimental effects on consumers.

Antitrust history teaches us that the more complex a remedy, the higher is the risk of failure, and the greater is the potential harm to consumers. Past failed divestitures and ineffective conduct remedies support this important maxim. The DOJ’s remedies proposal raises concerns in light of this legacy, recent efforts to downplay the consumer welfare standard, and antitrust’s relative inexperience in the digital sector.

It remains that the impact of the proposed remedies on consumer welfare will be a major consideration in the District Court’s determination of whether the final decree in U.S. v. Google is in the public interest. The District Court has the unique opportunity to ensure a strong remedy that restores competition while striking a better balance to protect consumers under the consumer welfare standard. The outcome will set important precedent in other pending monopolization cases and future antitrust cases.

Read the full report.

Trump tariffs have nothing at all to do with ‘reciprocity’

FACT: Trump tariffs have nothing at all to do with ‘reciprocity.’

THE NUMBERS:  

Trump tariff on anything from Lesotho: 50.0%
Current U.S. tariff on Lesotho goods:   0.0%

WHAT THEY MEAN:

A small landlocked country of 2.2 million in southern Africa, Lesotho’s modest shipments of clothing – $230 million worth last year — accounts for 0.007% of American imports. The Trump administration has singled this out for a 50% tariff, the highest rate anywhere in the world. Should it stay on, the tariff will likely cripple Lesotho’s economy and immiserate the 12,900 young women at work stitching shirts and blue jeans around Maseru this afternoon. Much the same will happen in Cambodia, Madagascar, Pakistan, Bangladesh, Vanuatu, Sri Lanka, and dozens of other low-income countries.

How did this happen?  Background, and a look at the likely effects.

Having spent the last three months claiming that Americans are victims, immiserated, plundered, etc., by “unfair” trade barriers in foreign countries and arguing for “reciprocal” tariffs, the Trump administration seems to have decided in March that calculating “reciprocity” was too hard. The tariffs Mr. Trump imposed by decree last Wednesday – in effect as of this morning – have nothing at all to do with foreign tariffs on American goods.  Instead, the administration did two quite different things:

(1)  Gave every country in the world a 10% tariff. (For those interested in reciprocity, a flawed but not wholly useless concept, the average world tariff is probably a bit above 3%.) This appears to be added to, rather than replacing, the existing 2.4% average. Based on records kept by the U.S. International Trade Commission, the resulting ~12.4% tariff rate would be the U.S.’ highest since the Depression of the 1930s.

(2)  Created a second set of tariff rates for 57 countries (counting the 27-member European Union as a single economy) with which the U.S. ran a “goods trade deficit’” in 2024. I.e., Americans bought more from the relevant place than we sold to people there. (Russia, a -$2.5 billion deficit country last year, gets an exemption.) As practical examples, this means surtaxes of 20% on Dutch cheese and semiconductor manufacturing equipment, 26% on Korean cars and computers, 48% on Cambodian shirts, 28% on Tunisian dates and jewelry, and so on.

Where do these numbers come from? The administration appears to have gotten them not by looking up tariff rates abroad – though they’re easy to find – but from a four-column spreadsheet based on an arithmetical formula. One column has the dollar value of American exports (excluding services trade, so Hollywood film revenue, telemedicine, foreign-student tuition, tech-sector search and data analytics, financial services, architecture and engineering contracts, etc., count as nothing). The second column has the value of goods-only trade deficits, or “exports minus imports.” The third column calculates a “trade balance to imports” ratio, and the fourth divides this ratio by two to get a supposed ‘reciprocal’ tariff.

Here’s a real-world case: The Falkland Islands – a British South Atlantic territory home to 3,162 people – gets hit with a 42% tariff. They sold Americans $22.8 million worth of toothfish and squid last year (fisheries are 40% of the Falklands economy) while buying $4.1 million worth of American airplane parts, ceiling fans, and computer accessories. The administration gets its 42% ‘reciprocal tariff’ on Falklands goods from the following formula:

{(fish – airplane parts)/fish}/2.

Spelling it out, fish minus airplane parts equals $18.7 million.  Divided by fish ($22.8 million), this yields a ratio of “0.84.” Division of this by two then produces the 42% “reciprocal” tariff. Obviously this has nothing to do with Falkland Islands tariffs, nor America’s either. Neither does it get more logical results anywhere else. Some examples, placing the Trump tariff against the actual trade-weighted average tariff rates published in the WTO’s World Tariff Profiles 2024:

Trump tariff on Bosnian goods: 36.0%
Bosnian average trade-weighted tariff:          6.2%
Trump tariff on Brazilian goods: 10.0%
Brazil average trade-weighted tariff:   6.7%
Trump tariff on Jordanian goods: 20.0%
Jordan tariff on U.S. goods (FTA partner)   0.0%
Trump tariff on Madagascar goods: 47.0%
Madagascar average trade-weighted tariff:   8.7%
Trump tariff on UK goods 10.0%
UK average trade-weighted tariffs:   2.3%
Trump tariff on Vietnamese goods: 46.0%
Vietnamese average trade-weighted tariff:   4.5%

 

This sort of fecklessness has drawn appropriate derision from economists. It is also, though, bringing real-world results varying from absurd through disastrous to genuinely tragic. The Falklands’ case is in the “absurd” category – they sell most of their squid and toothfish to Europe anyway – and Falklanders can ridicule it, get angry, or sadly shake their heads depending on temperament. The “disastrous” effects are piling up daily in financial markets and industry sites – about 5% of American wealth already vanished in the last week, likely future layoffs and price spikes, etc.

Others can’t laugh it off. Twelve of the 57 countries on the administration’s list are “least-developed” states: Angola, Bangladesh, Cambodia, Chad, DR Congo, Laos, Lesotho, Madagascar, Malawi, Mozambique, Myanmar, Zambia, Zimbabwe – as well as many more lower-middle income (e.g. Pakistan and Sri Lanka), small southern-Europe democracies under Russian pressure such as Moldova and Bosnia, Arab-world allies like Tunisia and Jordan, Asia-Pacific Treaty allies Philippines and Thailand, small island states Vanuatu and Fiji, and more.

U.S. trade with the least-developed countries in particular, though small in the $7 trillion world of American trade flows, is often an essential source of wage employment, macroeconomic stability, and poverty alleviation. Lesotho’s case is illustrative of the harms they will suffer, but also extraordinary for the scale of the tariff and its likely human impact.

Over the past generation, the country’s 33 garment companies have been especially successful users of the African Growth and Opportunity Act’s tariff waivers, and as a result, are Lesotho’s largest source of wage-paying jobs. Southern Africa, being the region hit hardest by the HIV/AIDS pandemic, Lesotho also has the world’s second-highest adult HIV-positive rate at 19.3% of adults. The garment factories joined the American PEPFAR program – USAID had a $47 million health commitment to Lesotho – as important providers of HIV treatment and education.

Their $230 million worth of clothes account for about 0.2% of American clothing imports. That’s about a day’s worth of U.S. clothes shopping a year, and makes up the “0.007%” of total imports noted above. They also create a ‘bilateral trade deficit’ a bit above $200 million. Since Lesotho doesn’t buy very much, and most American products there arrive via South Africa, the ‘ratio’ formula has pushed Lesotho to the very top of its list. The resulting 50% tariff, an artifact of the Trump calculators’ indifference and laziness, may destroy the industry and its workers’ livelihoods by summer. Considering that this economic blow comes simultaneously with the destruction of USAID and “pause” in PEPFAR’s Lesotho work, the word ‘tragic’ is strong but probably not strong enough.

** Very recent update, 1:45 p.m.: these now seem to be ‘paused’ for 90 days after a financial-market and public-opinion hurricane of opposition. We’ll see; if this is so and the ‘reciprocal’ tariffs stay off, at least for now the ‘10%’ global rate seems to remain.

FURTHER READING

PPI’s four principles for response to tariffs and economic isolationism:

  • Defend the Constitution and oppose rule by decree;
  • Connect tariff policy to growth, work, prices and family budgets, and living standards;
  • Stand by America’s neighbors and allies;
  • Offer a positive alternative.

Comparing tariff rates:

Trump administration’s decree imposing tariffs; see “Annex I” for list of countries.

And for those genuinely interested in “reciprocity,” the WTO’s Tariff Profiles 2024 makes it easy to look up and compare rates.

And reports on the impacts abroad:

The Lesotho Embassy.

… responses from government, academia, and business from Maseru-based Lesotho Reporter.

… and from the Guardian, on-site reaction from Lesotho workers and government.

… and the U.S. Trade Representative Office’s African Growth and Opportunity Act (AGOA) page.

Via the BBC, a view from the Falklands.

… and the Falkland Islands Fishing Companies Association.

And Nikkei talks with Phnom Penh garment workers.

ABOUT ED

Ed Gresser is Vice President and Director for Trade and Global Markets at PPI.

Ed returns to PPI after working for the think tank from 2001-2011. He most recently served as the Assistant U.S. Trade Representative for Trade Policy and Economics at the Office of the United States Trade Representative (USTR). In this position, he led USTR’s economic research unit from 2015-2021, and chaired the 21-agency Trade Policy Staff Committee.

Ed began his career on Capitol Hill before serving USTR as Policy Advisor to USTR Charlene Barshefsky from 1998 to 2001. He then led PPI’s Trade and Global Markets Project from 2001 to 2011. After PPI, he co-founded and directed the independent think tank ProgressiveEconomy until rejoining USTR in 2015. In 2013, the Washington International Trade Association presented him with its Lighthouse Award, awarded annually to an individual or group for significant contributions to trade policy.

Ed is the author of Freedom from Want: American Liberalism and the Global Economy (2007). He has published in a variety of journals and newspapers, and his research has been cited by leading academics and international organizations including the WTO, World Bank, and International Monetary Fund. He is a graduate of Stanford University and holds a Master’s Degree in International Affairs from Columbia Universities and a certificate from the Averell Harriman Institute for Advanced Study of the Soviet Union.

Read the full email and sign up for the Trade Fact of the Week.

Kahlenberg on Lost Debate Podcast: Recession Risk, Tariff Takes, Class v. Race

As Trump’s sweeping tariffs continue to spark chaos and backlash nationwide, Ravi delivers a blistering breakdown of the administration’s latest moves and the economic risks they’ve created. He challenges the populist rhetoric behind the trade war, exposes the political theater driving the latest policies, and explains what Trump’s getting wrong about jobs, immigration, and manufacturing.

Then, Richard Kahlenberg returns to the pod to discuss his new book, Class Matters. Ravi and Richard examine what’s changed – and what hasn’t – since the Supreme Court struck down affirmative action. They also talk about the role of legacy admissions, the case for class-based college admissions, and what a more equitable future for higher education could look like.

Listen to the full episode.

Malec for The Hill: There Should Be More Tough Talk Under the Democrats’ Big Tent

Most Democratic operatives will tell you today that the Democratic Party thrives as a “big tent.” And truth be told, ours remains a remarkably diverse institution, with constituent elements from every part of the country that span a broad swath of ideological viewpoints.

In many cases, that diversity is the key to Democrats winning in conservative-leaning districts. For example, this past cycle, we saw 13 Democratic congressional candidates, nearly all of whom were backed by New Dems or Blue Dogs, elected in districts that supported Trump at the presidential level. Without being able to field candidates who differ ideologically from their more progressive peers, those seats would almost certainly have been lost.

But you wouldn’t necessarily know this listening to Democrats talk at the national level, including those enamored of the large crowds drawn by Sen. Bernie Sanders (I-Vt.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.). That’s because, in Washington, Democrats often cede too much political ground to the loudest and most organized fringes of our large coalition.

Keep reading in The Hill.

Trump’s “Liberation Day” Comes at Great Cost to Taxpayers

From our Budget Breakdown series highlighting problems in fiscal policy to inform the 2025 tax and budget debate.

This week, Donald Trump unilaterally enacted a sweeping array of policies to radically reshape our nation’s tariff system on what he called “Liberation Day.” In addition to his protectionist ideological motivations, Trump explicitly stated that one goal of these tariffs was to raise revenue for his costly fiscal agenda. Trump claimed that these tariffs would bring in “trillions and trillions” of dollars, while his Trade advisor Peter Navarro promised they would raise an additional $600 billion annually, or $6 trillion over ten years. But in reality, these tariffs will only raise a fraction of that amount while inflicting large economic costs along the way. 

The sheer scope of Trump’s latest actions is staggering. A 10% tariff will be applied on all goods, with roughly 60 nations facing substantially higher rates, including many of the United States’ biggest trading partners such as the European Union (20%), Japan (24%), and China (54%). The new tariffs will raise the average tariff rate nearly ten-fold, from 2.5% to 22% — a level not seen since 1910. If these tariffs remain in place, the consequences for our economy will be severe: Industries reliant on exports will face much higher costs for products and materials, which they will pass onto consumers through higher prices. Meanwhile, export-reliant industries will face steep retaliatory measures from other countries. Hundreds of thousands of jobs will be lost. Households will be forced to spend more and more on everyday goods from groceries to clothes. Our economy will almost certainly shrink.

The White House’s shoddy revenue methodology completely ignores these economic consequences. To arrive at their $6 trillion estimate, the administration seems to have applied a roughly 20% rate — consistent with the size of the average tariff increase — to the $3.3 trillion in goods imported last year. But in reality, every dollar of tariff revenue collected will come with roughly 50 cents in lost economic value, which partially offsets any gains. This “deadweight loss,” as it is referred to in economic terms, represents the lost value in the economy when tariffs artificially inflate prices past their market value and is primarily borne by consumers via higher prices. As the price of imports rises, consumers will lower or shift their consumption, reducing the volume of total imports, shrinking the broader economy, and ultimately lowering not just tariff revenue but income and payroll receipts as well.

Omitting these dynamics results in a massively inflated estimate. For example, one alternative estimate for all of Trump’s tariff actions — without including their broader economic impacts —  only projects an additional $3.1 trillion in revenue over 10 years. After adding in the impact on the broader economy through job and income losses, this falls to just $2.6 trillion. And this will continue to fall further once other countries begin to implement retaliatory measures that damage the economy. Moreover, neither estimate includes the cost of “compensating” certain constituencies for the economic pain caused by the tariffs. During his first term, Trump offered farmers a $23 billion bailout to offset the harm of his trade policies, something he plans to do again this term with an even bigger price tag — which immediately will cannibalize any revenue the tariffs generate.  

Ultimately, Trump’s trade policy takes money out of working Americans’ pockets while offering them little to no benefit. The revenue generated from these tariffs will not be enough to offset his proposed tax cuts for the rich, let alone the rest of his costly legislative agenda. Rather, these aimless trade measures only serve to impose broad, sweeping trade barriers without any clear strategic goal or consistency, leaving American consumers and businesses to pay the price. 

Deeper Dive

Fiscal Fact

​According to a Congressional Budget Office report released last week, the U.S. Treasury will reach the “X-date” — the point at which it can no longer meet its financial obligations without breaching the debt limit — by August or September 2025.

Further Reading

Other Fiscal News

More from PPI & The Center for Funding America’s Future:

Read the full email and sign up to receive the Budget Breakdown.

The AI Investment Surge and Manufacturing

President Trump’s tariffs aim to boost capital investment in the United States, but one sector is already making massive domestic investments without the need for tariffs. According to PPI’s analysis, the five big tech companies — Amazon, Alphabet, Apple, Meta, and Microsoft — are projected to invest $240 billion in U.S. capital expenditures in 2025, primarily in AI-related structures and equipment. This represents more than double their combined $110 billion U.S. capital spending in 2023 (from PPI’s most recent Investment Heroes report).

This tech investment surge dramatically overshadows domestic investment from major manufacturing industries. By comparison, in 2023, the motor vehicle industry invested just $29 billion in U.S. structures and equipment, while the primary metals industry, including steel and aluminum, invested only $15 billion.

If the U.S. wants to meaningfully increase domestic production, it should leverage our AI leadership rather than attempt a tariff-driven recreation of manufacturing’s past. Trump’s nostalgia for the old manufacturing empire isn’t the future Americans want or need.  

The substantial AI investments being made now point toward a future of flexible digital manufacturing distributed across the country, creating productive capacity that can be easily shifted to meet changing consumer, business, and national security needs, and generating new jobs that will require both digital and physical skills. This vision is impeded, not accelerated, by Trump’s trade war. 

It’s always easier to push on an open door. U.S companies lead in artificial intelligence, and they are showing themselves willing to put their money into this country. Democrats should champion this vision of the future. 

*Note: We developed this projection using our Investment Heroes methodology, which analyzes 10K financial data to estimate U.S. capital spending as a share of global capital expenditures. For this analysis, we applied publicly available 2025 capital spending forecasts and recent earnings reports to our most recently published company estimates of domestic capital spending.

 

Marshall for The Hill: Brace Yourself: Trump’s Trade War is About to Make Americans Poorer

Move over, Smoot and HawleyPresident Trump has anointed himself America’s greatest protectionist, and he’s launching a global trade war to prove it.

On Wednesday, Trump slapped a minimum 10 percent tariff on all imports, plus additional “reciprocal” tariffs on 60 other countries that have the temerity to sell us things we want to buy. He dubbed it “Liberation Day” to mark the freeing of Americans from the supposedly oppressive burden of trading with others.

Steeped in nostalgia for America’s industrial heyday, Trump imagines he can unilaterally restructure the world’s economy. The president can sign all the executive orders he pleases, but he can’t throw history into reverse or repeal basic economics.

Keep reading in The Hill.

Kahlenberg on The Realignment Podcast: Is Class-Based Affirmative Action the Future of Higher Education?

Richard D. Kahlenberg, author of Class Matters: The Fight to Get Beyond Race Preferences, Reduce Inequality, and Build Real Diversity at America’s Colleges and Director of the American Identity Project at the Progressive Policy Institute, returns to The Realignment. Richard and Marshall discuss the future of higher education after the Supreme Court ended race-based affirmative action, why America’s “river of power” runs through the Ivy League, tensions between class-based affirmative action and differing visions of “merit,” higher education’s response to the Trump administration’s attacks, and the role of public, non-elite institutions in promoting economic opportunity.

Listen here.

Who Needs College Anymore? ft. Kathleen deLaski

On this episode of Radically Pragmatic, PPI’s Senior Advisor and Director of the What Works Lab, Bruno Manno is joined by Kathleen deLaski, a Senior Advisor at the Project on Workforce at Harvard.

The pair discuss deLaski’s new book, “Who Needs College Anymore?”, which she describes as a blueprint for a world in which a college degree is not the only way to unlock professional success. She touches on the workarounds that could well become the “new normal” for how America prepares for work.

Kathleen’s book can be ordered ⁠⁠here⁠⁠.

Manno for The 74: A K-12 Public School Choice Agenda for the Trump Administration

The Trump administration’s K-12 education policy prescriptions typically focus on ways to provide financial support for private schools, including federal vouchers and tax-credit scholarships. These programs require congressional action through new K-12 legislation or modifications to the U.S. tax code.

However, the administration has an additional opportunity to provide families with more K-12 education choices that has received far less attention. This involves existing federal programs, administrative guidance and regulatory shifts that would not require new legislation. Doing this would create more choices for families, give educators more options to work in different learning environments and unlock more educational opportunities for K-12 students nationwide.

This approach is consistent with the January 29 executive order that focused on helping parents escape the “geographically based school assignments” that constrain “choosing and directing the upbringing and education of their children.” The order requires the secretary of education to issue guidance on how states can use federal formula and discretionary grant programs to do this, consistent with the administration’s desire to return education authority to the states.

Read more in The 74.

U.S. Constitution: “Congress shall have power to lay and collect Taxes, Duties, Imposts, and Excises.”

FACT: U.S. Constitution: “Congress shall have power to lay and collect Taxes, Duties, Imposts, and Excises.”

THE NUMBERS: Consumer confidence “Expectations Index”* – 

March 2025: 65.2
February 2025: 72.9
(Recession level)     (80.0)
December 2024: 81.1
October 2024: 89.1

* Conference Board, March 25, 2025

WHAT THEY MEAN:

Is Mr. Trump’s tariff binge — now delayed until 4:00 today, presumably to avoid split-screen footage placing tariff announcements against crashing financial markets, but said to include extensive new taxation of cars, semiconductors, OTC and prescription medicines, Canadian energy, Chinese toys, Mexican fruits and vegetables, etc. — really “the largest peacetime tax increase in history.” The White House’s claim of a $600 billion increase in annual tariff collection would be about 2.2% of GDP. That would make it at least a contender for the title, though it might wind up below the introduction of the Social Security and Medicare taxes in the 1930s and 1960s.

But if the scale remains a little blurry, the public’s view seems by comparison sharp and clear: higher prices and fear for the future. The Conference Board’s survey of American “consumer confidence” (March 25, done after tariffs on Canada/Mexico/China but before last week’s on cars) suggests opinion has gone far enough south to reach the “Tierra del Fuego” latitudes, where phrases like “nose-dive” and “free fall” turn up. Here’s their ashen-faced release a week ago Tuesday:

“The Expectations Index – based on consumers’ short-term outlook for income, business, and labor conditions – dropped 9.6 points to 65.2, the lowest level in 12 years [ed. note: lowest since the end of the post-2008 financial crisis] and well below the threshold of 80 that usually signals a recession ahead.  … Optimism about future income – which had held up quite strongly over the past few months – largely vanished, suggesting worries about the economy and the labor market have started to spread into consumers’ assessment of their personal situations. … [R]esponses also showed that inflation is still a major concern for consumers and that worries about the impact of trade policies and tariffs in particular are on the rise.”

Should the public be that worried? Recent experience offers little guidance, since no administration since Herbert Hoover’s in 1930 has tried something like this. Warning lights are flashing red in GDP outlook, financial markets and manufacturing  (“bearish market sentiment and tariff applications and costs have dominated discussions”) as well as in consumer confidence.  And some real-world leading indicators — say, layoffs in steel factories specialized in automotive metal — are turning down. But apart from the layoffs, these are still mostly “signs and portents.” Spring will bring more reliable stats on macro employment/price/growth impacts; effects on goods-buying industries such as factories, farms, restaurants, retail, and building contractors; and the fortunes of the American export manufacturing and farming, services and digital, and IP sectors now suddenly targets for retaliation.

But whatever the economic gashes and wounds, the most important long-term harm will likely be elsewhere. After all, governments often make policy errors, sometimes they’re pretty big, and countries usually recover in time. (Though recuperation from Hoover’s required a lot of time). Damage to governance goes deeper. And here, Mr. Trump’s approach — bad-faith “emergency” and “national security” declarations, coupled with Executive Orders attempting to create tariffs by decree — carries the risk of infection to the political system separate from its economic consequences.

The Constitution gives Congress, not presidents, authority to “lay and collect Taxes, Duties, Imposts, and Excises,” as well as “regulation of Commerce with foreign nations.” For good reason: giving any single individual power to set tax rates means not only heightened danger of impulsive and unsound decisions, but temptation to use that novel power in corrupt ways — to reward family members, cronies, and supporters, and/or to harm political critics, business rivals, and opposition strongholds.

Earlier presidents never questioned this principle. The sepia-tinged pre-New Deal pols who wanted tariff hikes (e.g., Hoover, Warren G. Harding, William McKinley, Benjamin Harrison) asked Congress to pass bills and sign the result. Historians debate the economic merits, but their tariff increases had a Constitutional legitimacy Mr. Trump’s program wholly lacks. Should his program stick, it will weaken the separation of powers, usurp authority over taxation, and substitute one-man “rule by decree” for authentic (if sometimes ill-judged) law. Next to this, costs to growth, jobs, and living standards are more immediately painful but likely lesser issues.

Where to next? Court cases this year may limit Mr. Trump’s options, but there’s a simpler and better solution: Congress has the power it needs to defend its authority, and should use it. House Speaker Mike Johnson and Ways and Means Committee Chairman Jason Smith, and their Senate counterparts Majority Leader John Thune as Majority Leader and Finance Committee Chair Mike Crapo, need only — per their oath of office to “protect and defend the Constitution” — call a vote. If Congress likes Mr. Trump’s tariffs, it can impose them in the proper way. If not, it should say “no” and end them.

FURTHER READING

PPI’s four principles for response to tariffs and economic isolationism:

  • Defend the Constitution and oppose rule by decree;

  • Connect tariff policy to growth, work, prices and family budgets, and living standards;

  • Stand by America’s neighbors and allies;

  • Offer a positive alternative.

The Constitution and its friends:  

Official U.S. Constitution text, from the National Archives. See Article I, Section 8, first clause, for “Taxes, Duties, Imposts, and Excises.”

PPI’s look last fall at the Constitutional Convention of 1787, the tax power, and the harm inherent in rule by decree.

On the other side: 

Two hours before today’s White House tariff decrees are supposed to be released, neither their texts nor their content are yet public. For interim reading in their absence, try the President’s Trade Agenda report, put out by the Office of the U.S. Trade Representative on March 3. Each year this is supposed to lay out the year’s main goals and activities. This year’s edition has a lot of puzzling gaps. The report does converge at some points with the options floated in the press this past week. But it doesn’t mention taxation of cars and medicine, trade wars with Canada and Mexico, or any large overall tariff.

Leading indicators:

Conference Board finds Americans fearful, expecting a recession, and thinking a lot about tariffs.

… the University of Michigan’s consumer-confidence survey finds the same thing. Sample:

“The expectations index plunged a precipitous 18% and has now lost more than 30% since November 2024. This month’s decline reflects a clear consensus across all demographic and political affiliations; Republicans joined independents and Democrats in expressing worsening expectations since February for their personal finances, business conditions, unemployment, and inflation. Consumers continue to worry about the potential for pain amid ongoing economic policy developments. Notably, two-thirds of consumers expect unemployment to rise in the year ahead, the highest reading since 2009.”

And about that “$6 trillion”: 

Concise judgment from Ben Ritz and Alex Kilander this February: Trump administration tariffs are “bad tax policy that don’t raise much revenue but do raise costs for businesses and households.”

And Laura Duffy’s It’s Not 1789 Anymore: Why Trump’s Backwards Tariff Agenda Would Harm America (October 2024) on the First Congress and the deep flaws of tariffs as a form of taxation: can’t raise enough revenue to support a modern government; non-transparent to the public and thus unusually easy for well-connected interest groups to manipulate; inequitable as business taxation and regressive as consumer taxation; large harms to “downstream” industries and their workers.

ABOUT ED

Ed Gresser is Vice President and Director for Trade and Global Markets at PPI.

Ed returns to PPI after working for the think tank from 2001-2011. He most recently served as the Assistant U.S. Trade Representative for Trade Policy and Economics at the Office of the United States Trade Representative (USTR). In this position, he led USTR’s economic research unit from 2015-2021, and chaired the 21-agency Trade Policy Staff Committee.

Ed began his career on Capitol Hill before serving USTR as Policy Advisor to USTR Charlene Barshefsky from 1998 to 2001. He then led PPI’s Trade and Global Markets Project from 2001 to 2011. After PPI, he co-founded and directed the independent think tank ProgressiveEconomy until rejoining USTR in 2015. In 2013, the Washington International Trade Association presented him with its Lighthouse Award, awarded annually to an individual or group for significant contributions to trade policy.

Ed is the author of Freedom from Want: American Liberalism and the Global Economy (2007). He has published in a variety of journals and newspapers, and his research has been cited by leading academics and international organizations including the WTO, World Bank, and International Monetary Fund. He is a graduate of Stanford University and holds a Master’s Degree in International Affairs from Columbia Universities and a certificate from the Averell Harriman Institute for Advanced Study of the Soviet Union.

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Jacoby for Washington Monthly: In Kyiv’s Suburbs, Yearning for Peace, Preparing for More War

Two small knots of people—fatigue-clad soldiers and unaccompanied women—gathered in the spring sunshine on the south side of the iconic bridge. Few spots in Ukraine are better known in the West than the span that connects Kyiv with its northern suburbs, Irpin and Bucha. This is the bridge Ukraine destroyed in February 2022 to stop Russian tanks from reaching the capital, forcing tens of thousands of fleeing residents to cross the river on foot. Three years later, the bridge has been repaired, and simple as it is—an unremarkable stretch of urban roadway—there is something miraculous about it, smooth and unbroken across the flat marshland.

The Ukrainians huddled near the old crossing last week are there to celebrate the third anniversary of the liberation of Irpin—the end of the opening battle of the war. It’s a simple ceremony, the first of several marking the day. Attendees stand for a moment of silence for fallen fighters; a small band plays the national anthem. There are short prayers and speeches. Then the mayor, also in fatigues, hands out the little plastic boxes with Ukrainian flags, one for each tearful widow. “We can fix the buildings,” wounded veteran Andrii Rizhov, a compact man with a graying beard, tells me. “Most of the physical damage and destruction has been repaired. The souls are different. Nothing can repair these widows’ shattered lives.”

This is a time of swirling emotions for most Ukrainians. Three years of war—nightly bombardments, power outages, unrelenting mobilization, and mounting casualties—have left citizens exhausted and yearning for peace. Few expect much of the ceasefire being negotiated by Washington and Moscow.

Keep reading in Washington Monthly.

Kahlenberg on Washington Monthly Podcast: Can “Economic Affirmative Action” replace DEI?

Now that the Supreme Court has made racial preferences in college admissions illegal, can class-based affirmative action promote equity? Washington Monthly Editor-in-Chief Paul Glastris and Contributing Editor Anne Kim speak with Richard Kahlenberg, the nation’s most prominent advocate of economic affirmative action.

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