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re: DJT - Tomorrow's Supreme Court case is "literally, LIFE OR DEATH for our Country..."

Posted on 11/5/25 at 10:17 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467278 posts
Posted on 11/5/25 at 10:17 am to
quote:

You are equating students to the destruction of the entire US economy at the hands of foreign adversaries?



In terms of the limitations of Executive power via statute? Yes.

The outward scope is irrelevant. The analysis is purely a function of examining the authority granted via Congressional statute. Any effects outside of that are irrelevant to the analysis.

Posted by IMSA_Fan
Member since Jul 2024
570 posts
Posted on 11/5/25 at 10:17 am to
Trump attorney has such an obnoxious voice and speaks way too quickly
Posted by jlnoles79
Member since Jan 2014
14262 posts
Posted on 11/5/25 at 10:32 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467278 posts
Posted on 11/5/25 at 10:36 am to
quote:

Sauer: Tariffs are regulatory, not revenue-raising. Most effective if they lead to no imports and no revenue. [At war with Trump admin claims about revenue]


We have another "The ACA is not a tax" scenario coming
Posted by BHTiger
Charleston
Member since Dec 2017
8467 posts
Posted on 11/5/25 at 10:38 am to
The questions from the bench dont seem to be positive for Trump's ability to tariff.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467278 posts
Posted on 11/5/25 at 10:41 am to
quote:

The questions from the bench dont seem to be positive for Trump's ability to tariff.


Using that statute, at least.
Posted by BCreed1
Alabama
Member since Jan 2024
6449 posts
Posted on 11/5/25 at 10:42 am to
quote:

So you disregard clear constitutional text?


Are you suggesting Congress did not cede that power?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467278 posts
Posted on 11/5/25 at 10:43 am to
quote:

Are you suggesting Congress did not cede that power?


It doesn't seem they did.
Posted by RollTide4547
Member since Dec 2024
3600 posts
Posted on 11/5/25 at 10:48 am to
quote:

SlowFlowPro
Too bad your mother wasn't pro-abortion.
Posted by Bama Mountain
Member since Oct 2025
961 posts
Posted on 11/5/25 at 10:50 am to
quote:

The questions from the bench dont seem to be positive for Trump's ability to tariff.


Does not look at all for Trump.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467278 posts
Posted on 11/5/25 at 10:50 am to
quote:

Too bad your mother wasn't pro-abortion.


Posted by boosiebadazz
Member since Feb 2008
84576 posts
Posted on 11/5/25 at 11:31 am to
Not explicitly in IEPPA. And certainly not explicitly enough to get past non-delegation principles and the major questions doctrine.
Posted by Bob Sacamano 89
Member since Apr 2023
181 posts
Posted on 11/5/25 at 11:47 am to
The only thing Congress can agree on is to take more money from the American people.
Posted by Bob Sacamano 89
Member since Apr 2023
181 posts
Posted on 11/5/25 at 11:48 am to
The only thing Congress can agree on is to take more money from the American people.
Posted by IMSA_Fan
Member since Jul 2024
570 posts
Posted on 11/5/25 at 11:51 am to
quote:

The only thing Congress can agree on is to take more money from the American people.


No, what they agree on is spending more and taking in less. Thus, we get massive deficits
Posted by LawTalkingGuy
Member since Mar 2025
117 posts
Posted on 11/5/25 at 1:58 pm to
quote:

Oh wow! I was always taught we had 3 “co-equal” branches of government.


Whoever taught you that did not know what they were talking about.

Congress- which is the voice of both the people and the states, clearly has the most power. There is nothing in the Constitution describing the branches as co-equal.

Congress can impeach (i.e., fire and banish from future service) members of the Executive and Judicial branches. That power alone makes the legislative branch more powerful.

But Congress can override presidential vetoes, and if the Judiciary rules an action by Congress unconstitutional, it can modify its action or initiate an amendment to the Constitution if necessary.

Congress is currently too divided to effectively wield its power, but I believe that is a feature and not a bug. Should the political winds shift drastically in one direction, we could see just how powerful Congress can get.
Posted by trinidadtiger
Member since Jun 2017
18866 posts
Posted on 11/5/25 at 2:11 pm to
And it sounds like the supreme court is saying he has the right to a total embargo, tariffs are a lesser of the power already granted.

I think they side with him.
Posted by WeeWee
Member since Aug 2012
43964 posts
Posted on 11/5/25 at 2:14 pm to
Reading the commentary it sounds like SCOTUS was not very impressed with the administration's arguments.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
48165 posts
Posted on 11/5/25 at 2:51 pm to
quote:

The President only has the power Congress gives him.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467278 posts
Posted on 11/5/25 at 2:53 pm to
quote:

And it sounds like the supreme court is saying he has the right to a total embargo, tariffs are a lesser of the power already granted.


The statute specifically authorizes one of those things. The admin is arguing that it creates an implication they can create tariffs from an unrelated authority to embargo.
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