Secure Aluminum Supply Chains Act

This bill is a constitutional exercise of Congress's power to regulate commerce with foreign nations and to provide for the common defense. Article I, Section 8, Clause 3 grants Congress the authority to regulate foreign commerce, and the investigation of aluminum scrap exports to countries of concern falls within this ambit. Additionally, the Necessary and Proper Clause (Article I, Section 8, Clause 18) empowers Congress to enact laws that are necessary and proper for carrying into execution its enumerated powers, including the power to investigate matters affecting national security. The Fed…

The Constitution grants Congress the power to regulate commerce with foreign nations, which includes the authority to investigate matters affecting that commerce. This bill, requiring the United States International Trade Commission to investigate national security concerns regarding the exportation of aluminum scrap to countries of concern, is a proper exercise of that delegated power. The Tenth Amendment reserves to the states or the people all powers not delegated to the United States, but the regulation of foreign commerce is explicitly enumerated in Article I, Section 8, Clause 3. Therefo…

The proposed bill tasks the International Trade Commission with investigating national security concerns related to aluminum scrap exports. Under the Constitution, the regulation of foreign commerce is a power vested in Congress (Article I, Section 8, Clause 3). However, the delegation of investigative authority to an independent commission must be carefully bounded to avoid an unconstitutional transfer of legislative power. The bill's purpose—to address national security—is a legitimate end, but the means must not exceed the enumerated powers. The investigation must be confined to matters of …

The Constitution vests in Congress the power to regulate foreign commerce and to provide for the common defense and general welfare. The proposed legislation, which directs an investigation by the United States International Trade Commission into national security concerns arising from aluminum scrap exports to countries of concern, appears to be a proper exercise of the commerce power and the necessary and proper clause. Under McCulloch v. Maryland, Congress may employ all means which are appropriate, plainly adapted to a legitimate end, and not prohibited by the Constitution. However, the bi…