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re: Robert’s insist that tariffs are a tax on the American people, and a tax needs to come

Posted on 11/6/25 at 9:05 am to
Posted by Taxing Authority
Houston
Member since Feb 2010
62653 posts
Posted on 11/6/25 at 9:05 am to
quote:

Only by authority granted by Congress, via statute (see above).
And they are fees, not assessments on value.
Posted by Lg
Hayden, Alabama
Member since Jul 2011
8534 posts
Posted on 11/6/25 at 9:05 am to
quote:

An orange boondoggle.


Has any other President used tarriffs? Joe Biden didn't remove the tarriffs that Trump used his first term, correct?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 11/6/25 at 9:05 am to
quote:

Has any other President used tarriffs?

Presidents have enacted tariffs using authority granted by Congress via statutes specifically authorizing tariffs.

Have any Presidents used the IEEPA to enact tariffs? No.

Does the IEEPA specifically authorize the authority to enact tariffs? No.
This post was edited on 11/6/25 at 9:06 am
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135856 posts
Posted on 11/6/25 at 9:06 am to
quote:

I provided you with the text of the law.

Which does not include the word "tariff"
You are clearly juggling too many balls here. The text of the law referenced is to student loans.

But you're correct, the student loan language does not include the word "tariff".
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 11/6/25 at 9:08 am to
quote:

You are clearly juggling too many balls here. The text of the law referenced is to student loans.

But you're correct, the student loan language does not include the word "tariff".


Nice try

quote:

and the text says POTUS may investigate, regulate, or prohibit any transactions in foreign exchange. Tariffs are nothing if not regulation of transactions in foreign exchange.

Posted by Bjorn Cyborg
Member since Sep 2016
34241 posts
Posted on 11/6/25 at 9:08 am to
That's quite a reach.

Congress authorizes an agency or a program, but they don't authorize each fee, fee increase or additional fees.

Are you saying Trump's recent $100,000 H1B fee was approved by congress?

Posted by JimEverett
Member since May 2020
2008 posts
Posted on 11/6/25 at 9:11 am to
At the risk of beating a long dead horse:

The IEEPA gives the President the power to "regulate importation and exportation."


The Administration says that the power to "regulate" means the power to tariff.

Now, if a tariff is a tax then the Administration's interpretation of the statute means they have the power to tax importation AND exportation.

The Constitution expressly forbids taxes on exports.

So, the Administration's interpretation leads to the conclusion that Congress gave the President a power that violates the Constitution - namely the power to tax exports.

So either:
A - the IEEPA is unconstitutional; or
B. the power to "regulate" does not include the power to tariff.

The Court will go with B
Posted by deltaland
Member since Mar 2011
100870 posts
Posted on 11/6/25 at 9:12 am to
quote:

It’s been suggested that the tariffs are responsible for significant reduction in our deficit. I would say that’s raising revenue domestically.”


What a stupid snarky response. Of course it raises revenue for the U.S. That doesn’t mean it’s a direct tax on Americans for the purpose of raising revenue. It’s actually a tax on foreign manufacturers and importers of foreign goods.

Roberts has a point if we imposed tariffs permanently for the purpose of raising revenue revenue. But that’s not the purpose. It’s a negotiating tactic to get more balanced trade deals or to punish nations for certain behavior like trafficking fentanyl to the U.S. When a deal is made or behavior changes, tariffs go away. Some deals agree on small tariffs remaining on certain goods that are vital for our national security if we produce them, or to balance out the trade deficit where the other nation prefers to pay small tariffs to make up the difference.

If Trump said “50% tariffs permanently on everyone to reduce our deficit instead of raising income taxes on Americans” then yes that would require Congress. That is a permanent tax solely for the purpose of raising revenue
Posted by frogtown
Member since Aug 2017
5800 posts
Posted on 11/6/25 at 9:17 am to
quote:

Roberts has a point if we imposed tariffs permanently for the purpose of raising revenue revenue.


Trump has always wanted and now has "universal baseline tariffs". Don't kid yourself. They are there to raise revenue.
Posted by antibarner
Member since Oct 2009
26165 posts
Posted on 11/6/25 at 9:17 am to
quote:

The law Trump used for these does not specifically authorize tariffs. That's the point. They're trying to say it implies the authority to issue tariffs without the law specifically stating that's possible.


Bottom line,,there are laws(plural) authorizing the President to use tariffs. Multiple. There are multiple examples of Presidents using this power.

It's plain that this is nothing but a brazen partisan anti Trump move by Democrats that should be squashed by SCOTUS. If they do what's right.

Posted by IMSA_Fan
Member since Jul 2024
571 posts
Posted on 11/6/25 at 9:18 am to
quote:

But in this scenario, the company is a foreign entity, so why do we care?

Because a large percentage of those foreign entities are owned by American citizens and are impacted by these taxes (e.g., the entity “Apple China” is owned by Apple, Americans own stock in BMW or TWSC, etc.).
Posted by texag7
College Station
Member since Apr 2014
40770 posts
Posted on 11/6/25 at 9:19 am to
quote:

Name an economist thats says tarrifs are not a tax?


You do realize being an “economist”, whatever that means these days, is not a real job right?
Posted by Flats
Member since Jul 2019
26960 posts
Posted on 11/6/25 at 9:22 am to
quote:

Roberts has a point if we imposed tariffs permanently for the purpose of raising revenue revenue. But that’s not the purpose.


I'm no lawyer but I'd be surprised if that was written into the law. I doubt there are exceptions for intentions, just fences around the actions that can be taken.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 11/6/25 at 9:30 am to
quote:

Bottom line,,there are laws(plural) authorizing the President to use tariffs. Multiple. There are multiple examples of Presidents using this power.

Factually correct statement, but not a relevant one.

What do those laws have to do with a discussion specifically about the IEEPA?

quote:

It's plain that this is nothing but a brazen partisan anti Trump move by Democrats that should be squashed by SCOTUS. I

Tt is not that. Ultimately it may not be successful, but it's a legitimate discussion
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 11/6/25 at 9:32 am to
quote:

Roberts has a point if we imposed tariffs permanently for the purpose of raising revenue revenue. But that’s not the purpose. It’s a negotiating tactic to get more balanced trade deals or to punish nations for certain behavior like trafficking fentanyl to the U.S. When a deal is made or behavior changes, tariffs go away.


You do realize the larger implications of this (beyond tariffs), right?

This isn't a legitimate or sincere policy. We're just doing this illegal behavior for leverage. We promise it will end at some undefined point in the future where we have unilateral decision-making on determining the endpoint
Posted by hogcard1964
Alabama
Member since Jan 2017
17811 posts
Posted on 11/6/25 at 9:33 am to
quote:

Tt is not that. Ultimately it may not be successful, but it's a legitimate discussion


It's not, but I do enjoy watching you consistently taking the L for your party.
Posted by IMSA_Fan
Member since Jul 2024
571 posts
Posted on 11/6/25 at 9:34 am to
It’s one thing to “use tariffs.” It’s another thing to use the to setup a $1T revenue stream for the federal government without going to congress for approval
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 11/6/25 at 9:34 am to
quote:

It's not,



Nice substantive response

quote:

taking the L for your party.

Oh I forgot, you're one of them.
Posted by hogcard1964
Alabama
Member since Jan 2017
17811 posts
Posted on 11/6/25 at 9:36 am to
How could you forget that I oppose your party?
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
69182 posts
Posted on 11/6/25 at 9:39 am to
quote:

With decreased revenue, which the democrats want,


Technically they want to tax you into the poorhouse to pay for their dystopia. They just don't want their donor class getting hit with tarrifs.
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