1. Politically, the key thing to understand is tariff crisis is above all else a constitutional crisis. Under USA constitution, power of tariffs belongs to congress, not president.
Comments
Log in with your Bluesky account to leave a comment
True, but congress ceded much of its tariff authority to the president. They could attempt to take it back in a bill, but he’d veto it. Then it would depend on enough republicans to say fuc* you trump & override his veto!
A conservative firm has filed suit on the ground that the China tariffs exceeded the scope of Trump’s authority. They have a corporate client impacted by the tariffs, so probably has standing. Do you think that will work?
Yes!!! But, MAGAts rule Congress, and until that changes, this constitutional crisis (and those yet to come) will be ignored. Before a crisis can be corrected, it must be acknowledged as a crisis.
Why are we not hearing from congress! What are they not filibustering or barnstorming or anything like Star Wars would do. We need those with the power granted by the constitution to act on that power.
Exactly. Article 1 Section 8 vests Congress with the sole power to alter tariffs; the President has zero authority except for signing legislation. Congress can no more delegate away trade authority than it can create exceptions to the First Amendment. Congress is derelict to their sworn duties.
That’s what we’re trying to understand.
If congress controls tariffs - why are tariffs being applied without Congress’ involvement?
Last time it took trump 4 YEARS to cost us $8 trillion. This is an $8 trillion dollar mistake - in 70 days.
2. Now, congress has a right to delegate its tariff power to president, which it has done over last few decades. This parallels the shifting of war making power from congress to president and was also done on so-called national security grounds.
3. The argument for delegating tariff power to president -- like broader argument for imperial presidency -- was idea that POTUS was more responsible & security minded (concerned for whole nation's interest) than congress, which represented narrow regional interests.
4. The idea that president had a broader & more responsible view of world than congress was always dubious but really becomes absurd under Trump. That's a big reason congress has to take back tariff power.
5. There's a legal argument that even Trump's delegated power is illegitimately used. It's meant to be emergency power for national security -- which is not really in place. But that legal argument won't fly in court which defers to POTUS on national security arguments.
And since Republicans count the vote and decide who doesn't get to vote without a court order, even though the result is heavily partisan, Democrats can't win back Congress.
Get that out of your minds. Democracy in America is over. 2026 will change nothing.
I've been screaming this into the void for months. He has usurped the power of Congress to raise revenue, he has taken the power of spending. And they let him do it, even defending their impotence.
When Congress defers to the president (as it has in this situation), that fact no longer applies. The GOP has, for all intents and purposes, thrown their entire weight behind the whims of one insane man. Congress "could" fix it... but it chooses not to.
Everything Trump has done is with the expressed consent of Congress. That's how our republic works. He's not a king, he cannot act alone. Therefore, the majority of Congress approves of every single thing he does.
It *looks* like he's behaving unilaterally, but he's not.
With regards to tariffs you're right, but I believe the DOGE stuff is illegal and Congress did not approve it. The courts are starting to restrain things like that. And of course, defying court orders are illegal.
Yes Congress has granted the President the power to assess tariffs in emergencies. Yes Congress could put and end to this in just ONE DAY. But all of the Republicans in Congress are sitting back eating popcorn and enjoying the nihilistic thrill of it all. This is what they've always wanted.
Well, Congress gave up too much power in this area. The Senate has passed a resolution reversing the tariffs, but the Republicans in the House won't even vote on it.
Comments
Isn’t congress supposed to rein him in?
Correct me please if I am mistaken.
218 Reps + 67 Senators can impeach Trump TOMORROW!
If congress controls tariffs - why are tariffs being applied without Congress’ involvement?
Last time it took trump 4 YEARS to cost us $8 trillion. This is an $8 trillion dollar mistake - in 70 days.
What a great businessman amirite?
https://www.thenation.com/article/economy/trump-tariffs-congress-constitutional-crisis/
How would the Court view this executive expansion against the executive expansion it struck down in Loper Bright?
Get that out of your minds. Democracy in America is over. 2026 will change nothing.
How are people blind to this?
But it could take months to do that while congress could do this in a day.
It *looks* like he's behaving unilaterally, but he's not.
And, sad but somehow nice, to see Snyder et al at U of T where we both read Bailyn.