President Trump views tariffs as a toll that he alone gets to set for access to U.S. markets. Now he’s charging fees on U.S. companies for the purported privilege of exporting artificial-intelligence chips to China. Mark this as another step toward government control of private business.
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Now we’re seeing the rest of the mosaic, and it’s not pretty. The Administration is demanding a 15% cut on sales of Nvidia’s H20 and AMD’s MI308 chips to China. Want to do business? Pay Paulie. It’s not clear whether the Administration plans to use the cash to pay down the deficit, spend it, or use it for its mooted sovereign wealth fund.
In any case, this is an export tax that Congress didn’t authorize. Will AMD or Nvidia challenge the political extortion in court? Selling chips in China may be more important to them than defending the legal principle that the government can’t willy-nilly shake down companies.
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Step by step, Mr. Trump is expanding the long arm of the state into more of the private economy. Will any Republican object? Alas, probably not.
Trump’s side deal is best viewed as inappropriate state intervention in the U.S. economy. Word has gone out that CEOs can kiss the president’s ring by offering to give him something he wants and in return be exempted from whatever policy threatens to damage their business. In this way, companies deepen their dependence on government and on Trump personally.
This isn’t socialism, in which the state owns the means of production. It is more like state capitalism, a hybrid between socialism and capitalism in which the state guides the decisions of nominally private enterprises.
China calls its hybrid “socialism with Chinese characteristics.” The U.S. hasn’t gone as far as China or even milder practitioners of state capitalism such as Russia, Brazil and, at times, France. So call this variant “state capitalism with American characteristics.” It is still a sea change from the free market ethos the U.S. once embodied.
Trump ‘s pay-to-play trade deals are finally here. Japan, the EU, UK, and others seem ready to sign. At this point, it’s hard to tell if trade overall will be expanded or reduced. The U.S. is raising tariffs while other countries are reducing them. Details are still lacking or yet to be determined.
But we can be certain of one thing: Trump’s pay-to -play capitalism will determine who, what, when, and how much capital will be invested by major U.S. trading partners. The president seems to see himself as Colossus standing at the nation’s entry points rattling the keys to the kingdom. He will take care of his friends, if they pay, and punish his enemies. Politics trumps free market forces.
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There is no way for us know if the Trump version of pay-to-play capitalism will redefine how the American economy works in the long run. But in the short run, we can be certain that with large international investment being managed and tailored by the White House, at the margin, lobbying capabilities and getting along with the boss will tend to be more important than inventing new products and extending markets. In a word, the Trump approach centralizes economic decision making both in the United States and with our trading partners. Cartelization and hardening of the economic arteries is the result to fear.
The burden of Trump taxes on imports is heavy enough on the U.S. economy and threatens to offset much of the benefit from the president’s other regulatory and tax policies. If the Trump administration now goes even further and begins to collect taxes on exports, it becomes harder to expect prosperity and nearly impossible to discern a coherent strategy for U.S. growth. Mr. Trump’s latest gambit could also create negative incentives for U.S. policy makers to tolerate the abuses of the Chinese Communist Party.
The Trump administration has invented a novel theory of trade law whereby the president has unilateral authority to declare unlimited tariffs on any country for any length of time and modify them at will, based on a law that never once uses the word “tariff” and was passed by Congress to limit the president’s trade powers. The International Economic Emergency Powers Act (IEEPA) has been on the books since 1977 and has never been used to impose tariffs before Trump’s second term. Understandably, courts have been skeptical of Trump’s assumption of an enumerated power of Congress, the tariff power. One federal court has already ruled Trump’s tariffs under IEEPA illegal, and the appeals court judges seemed skeptical during oral arguments on July 31.
Solicitor General D. John Sauer, the government’s attorney in the case before the appeals court, submitted a letter on Monday to the court requesting that the president’s tariff authority under IEEPA be maintained, not because it is lawful, but because overturning it would “have catastrophic consequences for our national security, foreign policy, and economy.”
If that sounds a little dramatic to you, that’s only scratching the surface of the hysterics in this letter.
About this deranged letter, Phil Magness tweets:
2 lessons in today’s wild DOJ filing:
1. Trump believes he’s about to lose badly on IEEPA’s merits, striking down his entire tariff agenda.
2. He’s pivoting to claiming tariffs are a “too big to fail” part of his econ agenda in a bid to get the courts to affirm them anyway.
The extreme reaction of financial markets after Liberation Day appears mainly to have reflected shock and surprise that Trump would take such a capricious, chaotic and disruptive approach to trade policy. Since then, investors have become more accustomed (or numb) to the president’s unique style, and they have taken the drum beat of Trump’s more recent tariff threats in stride. With trade deals with the UK, Japan, the European Union and others being completed, markets are relieved that tariffs will be rising less than Trump has threatened and that a trade war appears to have been averted. Estimates by the Budget Lab (2025)now suggest that at current expected levels, the higher tariffs will push US real GDP growth down by 0.8% and boost prices by 2%: these effects would be unfortunate but probably not severe enough to roil US financial markets.