Fact….
Us Tariff’s are Treaties with other countries….
Congress ratifies Treaties…..
Fact….
The US House writes the tax code…..
Not the President …
Tariff’s create import taxes….
I’m NO lawyer, but the above ARE FACT’S….
Simple Right?
Nope….
Not with Trump, Alito and a Republican Majority Congress for now….
@substack
Donald Trump loves tariffs. Mainly, I believe, he loves them because they offer so much opportunity for dominance displays, allowing him to threaten other countries with economic ruin — usually via middle-of-the-night Truth Social posts — unless they bend to his whims. Economists may say that most of the damage inflicted by tariffs falls on American consumers and businesses, not foreigners, but Trump’s attachment to tariffs is doubtless strengthened by economists’ disapproval — he wants to show that he’s smarter than the so-called experts.
Furthermore, tariffs give him power without checks and balances. He can impose huge taxes on imports without having to go through annoying stuff like getting legislation through Congress.
Or can he? By any reasonable standard, most of Trump’s tariffs are plainly illegal. Two lower courts have ruled against them. The Trump administration appealed those decisions, and in early November the Supreme Court heard arguments on the case. Many businesses that have found it impossible to make long-term plans with the fate of the Trump tariffs in limbo eagerly awaited the Court’s ruling.
They’re still waiting. And I can’t see any plausible explanation for the delay other than Supreme cowardice.
Background: Most of Trump’s tariffs have been imposed by invoking a 1977 piece of legislation called the International Emergency Economic Powers Act, which the Congressional Research Service describes as giving the president “broad authority to regulate a variety of economic transactions following a declaration of national emergency.”
But we aren’t in an emergency. Trump himself keeps saying that everything is great — the economy is hot, there’s no inflation, we’re respected around the world. It’s not true, but that’s what he says. And he has been using IEEPA to impose or threaten to impose tariffs for many purposes that have nothing to do with economic policy. He imposed a 50 percent tariff on imports from Brazil to punish Brazil for pressing charges against Jair Bolsonaro, the Trump-like former president who tried to overturn an election loss. He threatened tariffs against European nations who stationed troops in Greenland as a precaution against a possible Trumpian attempt to seize the island from Denmark.
In the latter case Scott Bessent, Trump’s Treasury secretary, pressed on the nature of the emergency that would justify tariff threats, declared that “the national emergency is avoiding a national emergency.” Uh-huh.
I’m not a lawyer, but I talk to lawyers, and this isn’t a difficult case on the merits. Trump is clearly wrong on both the letter and the spirit of the law. And when the Supreme Court held its hearing, the tenor of the questions, even from conservative justices, suggested that they recognized that the administration had no case.
So why have we had three months of silence? Well, this isn’t a difficult case on the merits, but it puts the six right-wing members of the Court between a rock and hard place, not intellectually, but personally.
For a right-wing justice, ruling in the Trump administration’s favor in such an open-and-shut case would amount to admitting that you’re a pure partisan hack. And even the right-wing faction on the court is trying to maintain the fiction that it’s still a deliberative body, not a MAGA rubber stamp.
But to rule against the administration would be to hand Trump a humiliating defeat on one of his signature policy issues. It might also be very expensive. Tariffs aren’t the revenue gusher Trump and his minions like to claim: Even after the Trump hikes in tariff rates, customs receipts are small compared with other sources of revenue and have made only a modest dent in the U.S. budget deficit. But losing that revenue and, worse, having to give it back would be a financial embarrassment…..
…
So the right-wing majority on the Court is surely afraid to rule on tariffs — afraid to rule for Trump, because that would destroy what’s left of their credibility, afraid to rule against, because that would anger both the MAGA elite and the MAGA base.
So they’re procrastinating, even though the longer the tariffs stay in place, the more Trump is emboldened to tweet out bizarre, destructive and illegal policies and the more economic damage is done by uncertainty.
Their paralysis is understandable. But it’s also utterly shameful…
Trump ‘Backup Plan’?
Think The High Court Will Save You From Trump’s 12-Figure Import Taxes? Think Again.
Trump already has the ability to impose replacement tariffs to make up nearly three-quarters of the tax revenue the Supreme Court may strike down as illegal.
That piece is from the Substack of Princeton Prof. Paul Krugman, a respected economist with whom I agree most of the time. (He even once had a regular column on the news pages of The Wall Street Journal.
However, since it’s an opinion piece (which by definition won’t agree with which others may not concur), you should say whose opinion it is. Otherwise it looks like straight factual reporting which might equally appear in the news columns of The WSJ, The New York Times or The Washington no opinions please Post.
Done….
Thanks DSD….
I’d forgotten that Paul Krugman is also what Trump is not: a genuine Nobel Prize winner.
[Economics, 20088]
and NOT a felon…..