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Fast Track
A Legal, Historical, and Political Analysis (2nd Edition)
Fast Track is the story of the rise and fall of U.S. leadership in international trade. Fast Track authority is the process Congress devised to approve trade agreements, giving Congress input into negotiations in exchange for a timely up-or-down vote. Foes derided it as a procedural gimmick, but it helped forge a bipartisan consensus on trade policy. Despite its successes, it was also fragile. The bipartisan consensus has since frayed and Fast Track has lapsed, allowing other countries to fill the void. This book discusses how Fast Track worked and offers a path for rebuilding consensus in favor of its renewal.
Hal S. Shapiro is a Partner at Akin Gump Strauss Hauer & Feld. He previously served as Associate General Counsel in the Office of the U.S. Trade Representative and as Senior Advisor for International Economic Policy at the National Economic Council.
John R. Gilliland is an attorney at Akin Gump Strauss Hauer & Feld, where he specializes in international trade law and policy. Before entering private practice, he was counsel to the U.S. Senate Finance Committee.
John R. Gilliland is an attorney at Akin Gump Strauss Hauer & Feld, where he specializes in international trade law and policy. Before entering private practice, he was counsel to the U.S. Senate Finance Committee.
List of Illustrations
1 Introduction
â1 The Origins of President Trumpâs America First Trade Policy
â2 The Trump Phenomenon
â3 The Biden Era: The Need for a New Debate
â4 Roadmap of This Book
2 The Origins of Fast Track
â1 Congressional Control of International Trade
â2 Initial Delegation of Authority to the President
â3 Expansion of the Presidentâs Role and Presidential Overreaching
â4 Balancing the Roles of Congress and the President
â5 Renewal and Expansion
3 The Structure of Fast Track
â1 Negotiating Objectives
â2 Congressional Oversight of Negotiations
â3 Preparing for Approval and Implementation
â4 Methods of Withdrawing Fast Track
â5 An Evolving Tradition
4 The Divisive Battle to Renew Fast Track in 2002
â1 The House Debate
â2 The Senate Debate
â3 A Second One-Vote Margin in the House
â4 The Conference Compromise and the Third Close House Vote
â5 TPA: A Change in Name Only?
â6 Extension of Trade Promotion Authority
5 Updating
TPA
for a New Era
â1
TPA
for
TPP
(and
TAA
)
â2 A Bicameral, Bipartisan Proposal
â3 Committee Action
â4 Senate Floor Action
â5 House Floor Action
â6 Republicans Improvise
â7 An Updated TPA for a Changing World
â8 Extension of Trade Promotion Authority
6 Fast Track and the Constitution
â1 Fast Trackâs Place in the U.S. Constitutional Order
â2 Can Fast Track Bind the Congress and Can Congress Repeal It without New Legislation?
7 Is Fast Track Necessary?
â1 Uses of Fast Track
â2 The Need for Legislation
â3 The Advantages and Disadvantages of Treaties
â4 The Need to Go through the House of Representatives
â5 A Peculiarly American Institution?
8 Is There a Role for the States?
â1 The U.S. Constitutional Framework
â2 The Dispossession of State Power in Foreign Affairs: A Theoretical and Reality Dichotomy
â3 The WTO and Sub-Federal Governments
â4 The Uruguay Round Agreements Act
â5 Augmenting the Model
â6 The Federal Veto: Striking a Balance between International Chaos and Plurilateralism
â7 A Return to Counterambition
9 A Prescription for Progress
â1 The Trade Race: Is the United States Falling Behind?
â2 The Schizophrenic Nature of U.S. Trade Politics
â3 A Prescription for Progress: How to Find Common Ground on Trade
10 Conclusion
âAppendix A: Timetable for Agreements Under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015
âAppendix B: Tables of Congressional Votes on Trade
âAppendix C: Bipartisan Congressional Trade Priorities and Accountability Act of 2015
Index
1 Introduction
â1 The Origins of President Trumpâs America First Trade Policy
â2 The Trump Phenomenon
â3 The Biden Era: The Need for a New Debate
â4 Roadmap of This Book
2 The Origins of Fast Track
â1 Congressional Control of International Trade
â2 Initial Delegation of Authority to the President
â3 Expansion of the Presidentâs Role and Presidential Overreaching
â4 Balancing the Roles of Congress and the President
â5 Renewal and Expansion
3 The Structure of Fast Track
â1 Negotiating Objectives
â2 Congressional Oversight of Negotiations
â3 Preparing for Approval and Implementation
â4 Methods of Withdrawing Fast Track
â5 An Evolving Tradition
4 The Divisive Battle to Renew Fast Track in 2002
â1 The House Debate
â2 The Senate Debate
â3 A Second One-Vote Margin in the House
â4 The Conference Compromise and the Third Close House Vote
â5 TPA: A Change in Name Only?
â6 Extension of Trade Promotion Authority
5 Updating
â1
â2 A Bicameral, Bipartisan Proposal
â3 Committee Action
â4 Senate Floor Action
â5 House Floor Action
â6 Republicans Improvise
â7 An Updated TPA for a Changing World
â8 Extension of Trade Promotion Authority
6 Fast Track and the Constitution
â1 Fast Trackâs Place in the U.S. Constitutional Order
â2 Can Fast Track Bind the Congress and Can Congress Repeal It without New Legislation?
7 Is Fast Track Necessary?
â1 Uses of Fast Track
â2 The Need for Legislation
â3 The Advantages and Disadvantages of Treaties
â4 The Need to Go through the House of Representatives
â5 A Peculiarly American Institution?
8 Is There a Role for the States?
â1 The U.S. Constitutional Framework
â2 The Dispossession of State Power in Foreign Affairs: A Theoretical and Reality Dichotomy
â3 The WTO and Sub-Federal Governments
â4 The Uruguay Round Agreements Act
â5 Augmenting the Model
â6 The Federal Veto: Striking a Balance between International Chaos and Plurilateralism
â7 A Return to Counterambition
9 A Prescription for Progress
â1 The Trade Race: Is the United States Falling Behind?
â2 The Schizophrenic Nature of U.S. Trade Politics
â3 A Prescription for Progress: How to Find Common Ground on Trade
10 Conclusion
âAppendix A: Timetable for Agreements Under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015
âAppendix B: Tables of Congressional Votes on Trade
âAppendix C: Bipartisan Congressional Trade Priorities and Accountability Act of 2015
Index
International trade lawyers, government relations specialists, law libraries (law professors and students), think tanks with a focus on Congress, international trade, and/or U.S. economic relations and diplomacy, foreign diplomats