National Review Online
Wednesday, May 28, 2025
If you had told people ten years ago that in 2025, the
president of the United States would be casually issuing orders to a specific
corporation while threatening unconstitutional taxation for failure to comply,
and asked them to guess which party that president was a member of, you would
be hard-pressed to find anyone who would say the Republican Party. Yet Donald
Trump has done just that with his musings directed at Apple about iPhone
production.
“I have long ago informed Tim Cook of Apple that I expect
their iPhone’s [sic] that will be sold in the United States of America
will be manufactured and built in the United States, not India, or anyplace
else,” Trump said on Truth Social, while threatening a 25 percent tariff on
iPhones if they are produced abroad.
If this is what tariff proponents mean by “negotiation,”
then their definition of that term is more similar to the Mafia’s than to the
statesman’s. It’s one thing for the government to negotiate the reduction in
trade barriers with another government. It’s something entirely different for
the government to start a “negotiation” with an American corporation by
threatening punitive taxes if it doesn’t do what the president wants.
Imagine for a second President Michael Bloomberg
threatening 25 percent federal excise taxes on Smith & Wesson products if
the company doesn’t stop selling guns he considers to be “assault weapons.” Or
President Elizabeth Warren threatening 25 percent tariffs on Walmart because
she thinks their workers should get better health benefits and higher pay. Or
President Bernie Sanders threatening to tax FedEx shipments at 25 percent if
the company doesn’t agree to a labor contract with the Teamsters.
That’s not a path anyone should want to go down. No
president should have the power to unilaterally tax corporations’ products over
disagreements on business decisions. A quick glance at the Constitution
confirms that such a power does not, in fact, exist. And tariffs are not levied
on goods from specific companies; rather, they apply to categories of goods.
While the Apple tariff threat itself is a dead letter, it
nonetheless sets the expectation that major U.S. corporations have an
obligation to satisfy the government’s demands at any given moment rather than
focusing on their customers, workers, and shareholders. It would be heartening
to see Apple call the president’s bluff, but CEO Tim Cook knows that gamble
could backfire, and Trump could find other ways to retaliate against Apple.
That Cook does not feel sufficiently empowered to do so,
given the self-evident absurdity of the threat, is a good sign that the federal
government is too empowered over private businesses. The president of the
United States is not a king whose words carry the power of law, yet businessmen
have found it smart to act as though they do because they know the federal
regulatory apparatus provides the president with avenues too numerous to count
for punishing businesses he doesn’t like.
Apple can make its phones on Mars if it decides that makes business sense. One of the nice things about the United States is that the government doesn’t tell businesses how they have to be run. And one of the nice things about Republicans winning elections is supposed to be having a president who believes that.
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