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Tag: constitutional commerce powers

U.S. Manufacturing Contracts Again Amid Escalating Trade War: Constitutional and Economic Challenges

U.S. manufacturing activity contracted for the third consecutive month in May 2025, as measured by the Institute for Supply Management (ISM) index at 48.5 percent—below the 50-percent threshold that signals contraction (). This downturn reflects persistent headwinds from tariffs imposed under Section 232 (national security) and Section 301 (unfair trade practices), which have elevated input costs and stoked supply-chain disruptions. The core issue transcends mere economic metrics: it implicates constitutional questions about executive authority to unilaterally impose broad trade barriers versus Congress’s role in regulating commerce under Article I, Section 8 of the U.S. Constitution. Moreover, these tariffs raise potential conflicts with U.S. obligations under the World Trade Organization (WTO) and bilateral agreements, as affected trading partners have filed formal disputes ().