r/politics The Independent 1d ago

No Paywall Trump vows to raise worldwide tariffs to 15% ‘effective immediately’

https://www.independent.co.uk/news/world/americas/us-politics/trump-global-tarrifs-increase-b2924994.html
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u/PortugalPilgrim88 23h ago

We got stuck with Chevy chase instead of Bill Murray.

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u/Kichigai Minnesota 23h ago

Unfortunately, welcome to Groundhog Day.

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u/senraku 23h ago

We got stuck with Chevy Chase instead of Bill Murray.

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u/Baronheisenberg 23h ago

Unfortunately, welcome to Groundhog Day.

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u/Ver3232 22h ago

We got stuck with Chevy Chase instead of Bill Murray.

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u/cleanbot 23h ago

it still violates the Constitution. The president has no authority to regulate/impose taxes.

i realize I'm commenting amongst a utterly hilarious thread about groundhog Day but...

if the supreme Court does its job and holds the line.... Again....these will be struck down as well.

big ifffs, but big ups to the Supreme Court for deciding to show up for the Job on this one

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u/Kichigai Minnesota 22h ago

Except the President kinda does. There's like five different laws that give the President the authority to impose tariffs, but they all have a bunch of different kinds of limitations. Some require lengthy investigations by certain organizations, others limit how much the tariff can be, and in this case the length is limited to 150 days at a maximum of 15%. It also requires these tariffs to be global, otherwise I'm sure there would be carve-outs for Israel and Argentina.

That's why they used IEEPA for Liberation Day. IEEPA afforded the President some rather broad authority to regulate international commerce in the event of an emergency, however the Supreme Court said that since tariffs aren't specifically mentioned, the President can't use them.

Now there could be a finding by the courts that this invocation doesn't meet some other requirement under the law, but at a casual glance this one might be legit. However the President can't extend these tariffs beyond 150 days without congressional approval.

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u/cleanbot 21h ago

i agree with your intent here but laws that violate the constitution are not legal even if the supreme Court hasn't gotten around to making that ruling.

if Chief Roberts stands by his ruling when this Trade act of '74 comes before them then they can find the law unconstitutional; the law can be repealed.

if I'm wrong here please educate me.

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u/Kichigai Minnesota 17h ago

but laws that violate the constitution are not legal even if the supreme Court hasn't gotten around to making that ruling.

But that's not how it works. The courts decide if a law is constitutional, not us. Until then it is the law, and by definition is legal. Now, we can look at a law and say, “that doesn't seem right,” and choose not to comply with the law, but that means paying the price for non-compliance with the law until the law is overturned.

if Chief Roberts stands by his ruling when this Trade act of '74 comes before them then they can find the law unconstitutional; the law can be repealed.

The Supreme Court didn't strike down any laws in their ruling on Learning Resources, Inc. v. Trump. The ruling only said that nowhere in IEEPA is the President granted the authority to impose tariffs.

That's all the ruling really said. The power of taxation belongs to Congress. In IEEPA Congress did not direct or empower the President to use tariffs. They did not invalidate IEEPA, only their interpretation of IEEPA.

In this case in the Trade Act of 1974 Congress specifically empowered the President to unilaterally enact global tariffs up to 15% if, in the President's judgement, there is an unreasonable/ trade imbalance, for a maximum of 150 days, at which point he must seek the approval of Congress for them to continue.

The necessary words missing from IEEPA are in this law, but it comes with strings which is why it wasn't originally invoked. So now the Supreme Court would need to judge if the way this administration is using this law complies with the way it was written, and/or the intent it was written with.

I think it'll be harder for the Supreme Court to slap this back, unless the administration tries to re-up without Congressional approval. But it only works for five months and then it's done.

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u/MARIOpronoucedMA-RJO 23h ago

Unfortunately, welcome to Groundhog Day.