At least the Court recognized that Congress has a responsibility to put on their big boy pants and do their job with regard to tariffs. Forcing Trump to follow the right procedure to impose/raise/lower tariffs which is to make a tariff package and have Congress pass it. With this Congress he could have easily gotten what he wanted. He could have easily made it part of their Big Beautiful Bill Act. If the Banana Republi-cons pass what he wants he will not veto it.
The tariffs are really not the problem (although stupid) but the chaos that Trump is using to impose them is a serious problem for the economy. Notice how the markets rallied after the ruling was handed down.
But the legislative solution addressed or proposed in the last exchange fails to account for the Pres's veto power. You're back to needing an override supermajority in each House. In what century is THAT gonna happen? Has to be the Article III courts to say Cong didn't give him the power in present circumstances, or else that it couldn't Constitutionally do so, or else POTUS's claimed power is secure.
Also this Supreme Court does not want to get involved with deciding what is and is not an emergency saying that is between the legislative and executive branches to decide and not for the Courts to decide. So we just end up at the same point where we are today only after a shitload of time wasted and money spent litigating the issue.
The final solution is the removal of the rogue executive which will never happen.
Grateful for this insight from Professor Somin. So helpful to really understand the details & history behind statutes being abused in Trump’s executive orders. Unpopulist is doing such a great job promoting the truth. Thank you all
Thanks for this important discussion that explains well why Trump's governance is against constitutional values
At least the Court recognized that Congress has a responsibility to put on their big boy pants and do their job with regard to tariffs. Forcing Trump to follow the right procedure to impose/raise/lower tariffs which is to make a tariff package and have Congress pass it. With this Congress he could have easily gotten what he wanted. He could have easily made it part of their Big Beautiful Bill Act. If the Banana Republi-cons pass what he wants he will not veto it.
The tariffs are really not the problem (although stupid) but the chaos that Trump is using to impose them is a serious problem for the economy. Notice how the markets rallied after the ruling was handed down.
But the legislative solution addressed or proposed in the last exchange fails to account for the Pres's veto power. You're back to needing an override supermajority in each House. In what century is THAT gonna happen? Has to be the Article III courts to say Cong didn't give him the power in present circumstances, or else that it couldn't Constitutionally do so, or else POTUS's claimed power is secure.
Also this Supreme Court does not want to get involved with deciding what is and is not an emergency saying that is between the legislative and executive branches to decide and not for the Courts to decide. So we just end up at the same point where we are today only after a shitload of time wasted and money spent litigating the issue.
The final solution is the removal of the rogue executive which will never happen.
Grateful for this insight from Professor Somin. So helpful to really understand the details & history behind statutes being abused in Trump’s executive orders. Unpopulist is doing such a great job promoting the truth. Thank you all