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Constitutionality of Tariffs under USMCA
Assignment Objective

To describe the regional international organizations affecting global business disputes and issues and the ability of a state in the United States to affect foreign commerce.

Assignment Overview

In this hypothetical case study and writing assignment, you will assess whether a particular state can legally enact trade barriers that conflict with the United States-Mexico-Canada Agreement (USMCA) and the
U.S. Constitution.

Deliverables

Your essay should be between 250 and 700 words, double-spaced, with student name and course section indicated at top, submitted in CANVAS.

Grading

The grading rubric includes assessment of communication, critical and analytical thinking and problem solving.
Step 1 Research Assignment and Grading

Closely review the laws in Chapters 3 and 4 of the text, paying close attention to discussions concerning the United States-Mexico-Canada Agreement (USMCA) and the Foreign Commerce Clause and the treaty power in the United States Constitution. You will be graded on your ability to analyze the facts provided below with the appropriate legal principles, weigh the various legal options and remedies and formulate a fair and just result to the legal problem presented.

Step 2 Assume and Analyze these Facts

In terms of job loss, North Carolina is one of the States most adversely affected by USMCA. Assume hypothetically that North Carolina is considering a 25% tariff (tax) on all foreign-manufactured textiles and furniture items imported into the state. The tariff’s purpose will be predominately protective in nature, designed to protect and advance textile and furniture manufacturers in North Carolina and to create jobs.

Step 3 Write a Legal Memorandum

Assume you are counsel to the North Carolina State Legislature. Advise the lawmakers in North Carolina of the constitutionality of such a tariff.

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