(02-21-2026, 05:42 PM)putnam6 Wrote:
The Supreme Court didn't rule against all the tariffs, just the blanket tariffs using the IEEPA as legal justification.
The constitution is clear on who has the power to levy taxes and duties. It was written before income tax was widespread, back when the biggest source of revenue was tariffs.
Since then, congress has passed provisions that give the president more flexibility to enact foreign policy agendas, especially when needing to be nimble for national security. But the IEEPA doesn't even have the word tariff in it, and the context of the whole law is for emergencies.
Allowing a president to find loopholes in laws like this to supersede the constitution would set precedence. Someone from the left could come in and declare a national emergency to enact socialist or other policies that go directly against the constitution.
Trump can still do targeted tariffs, just not blanket tariffs on the whole world. They're also not reciprocal, some of those countries have no tariffs on US goods. Australia has a trade surplus, and many other countries got targeted because they had a VAT (value added tax). VAT isn't a barrier for US goods, because they don't target US goods, they're a tax no different than sales tax. It would be like if a country started a trade war with the US because they didn't like that some states have a sales tax.
Some of these policies should be done. Trade should be negotiated, but it needs to be targeted, thoughtful and with a domestic plan to make sure it's effective. While everyone may hate that congress takes a long time to do things, or just doesn't do them, the idea is that you have state representation to protect your interests. The federal government isn't supposed to dictate everything for the whole country, remember state rights?
This probably wouldn't have been a big point of contention if it was clearly working. Hell, congress would probably codify it if it was. But right now people are upset that the president isn't more powerful than the constitution. That's a feature, not a bug.