By Douglas V. Gibbs
Article I, Section 8 of the United States Constitution delegates the power to regulate commerce with foreign nations to belong to Congress. Therefore, Congress may make laws regarding commerce with other countries. The President of the United States is tasked to execute the laws of the United States, including those regarding commerce with other countries, and to negotiate trade strategies with those countries. In addition, Congress has passed laws recognizing the President’s foreign relations responsibilities enabling him to make some unilateral decisions when they pertain to the national security of the United States; which is why President Trump is able to launch, increase and decrease certain tariffs regarding imports from certain countries.
TikTok, while owned by a foreign investor, corporation or country, falls within the scope of foreign commerce. While the product being imported is unique in the sense that it is not a tangible material or good, it is being imported through modern technology. Therefore, Congress has the authority to make a law regulating the import of that product, and to ban it if they believe that importing the product is not in America’s best interest. President Trump, in his role to execute that law, may by executive order adjust and enact when he deems necessary the provisions of that law as long as those executive orders do not operate in contrary to any of the law’s provisions.
Banning TikTok, or requiring that it is sold to an American owner if it is to be allowed to continue to operate in the United States, as per Article I, Section 8 is Constitutional and perfectly lawful.
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I would also submit that in the case of a digital application that is considered to be a tool for spying on the American people, it could be considered a National Security threat in which case it would fall solely under the auspices of the Commander in Chief.