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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 3:30 pm to
Posted by loogaroo
Welsh
Member since Dec 2005
39857 posts
Posted on 11/6/25 at 3:30 pm to
quote:

But Barrett was also skeptical at times of the challengers’ arguments. Along with Justice Brett Kavanaugh, she pressed Benjamin Gutman, the solicitor general of Oregon, who represented the group of 12 states, about whether IEEPA on the one hand could give the president very broad powers – for example, allowing him to shut down all trade with another country – but on the other would not allow him to take the much smaller step, in her view, of imposing tariffs. Such a paradox, Kavanaugh suggested, created an “odd donut hole” in IEEPA.


quote:

And much like Barrett and Kavanaugh, Alito pressed Katyal about how IEEPA would operate in an emergency, describing a situation in which there is “an imminent threat of war with a very powerful enemy whose economy was heavily dependent on U.S. trade. Could a President under this provision impose a tariff as a way of trying to stave off that war, or would you say no, the President lacks that power under this” law? Alito appeared to believe that the president would have that power. But it was not clear whether Alito had four other votes on his side.


https://www.scotusblog.com/2025/11/court-appears-dubious-of-trumps-tariffs/
Posted by Zgeo
Baja Oklahoma
Member since Jul 2021
3225 posts
Posted on 11/6/25 at 3:33 pm to

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Posted on 11/6/25 at 2:30 pm to Zgeo
quote:
Tariff is not a tax. To think so is making several assumptions and hypothetical extrapolations.


What is it then? It's a tax on goods


A schedule of duties imposed by a government on imported goods
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135769 posts
Posted on 11/6/25 at 3:38 pm to
quote:

What is it then? It's a tax on goods
It is an assessed penalty.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135769 posts
Posted on 11/6/25 at 3:49 pm to
quote:

But that’s beside the point, which is whether Trump’s unilaterally imposed tariffs (taxes) are constitutional. I don’t think they are.
Such an interesting take. Media influenced?

Each of these POTUSes unilaterally imposed tariffs in the last century:

• Franklin D. Roosevelt
• Harry S. Truman
• Dwight D. Eisenhower
• John F. Kennedy
• Richard Nixon
• Gerald Ford
• Jimmy Carter
• Ronald Reagan
• George H. W. Bush
• George W. Bush
• Barack Obama
• Joe Biden
• and of course, DJT

It would seem that should be part of the subject coverage on the issue. Alas, no.
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
74508 posts
Posted on 11/6/25 at 3:50 pm to
A tax on the American people is incorrect. We are not being taxed. Its a price increase on foreign goods.
It's why one has been called a Tax and one a Tariff since our founding.

Are Tariffs calculated in your tax return? No?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135769 posts
Posted on 11/6/25 at 4:30 pm to
quote:

And much like Barrett and Kavanaugh, Alito pressed Katyal about how IEEPA would operate in an emergency, describing a situation in which there is “an imminent threat of war with a very powerful enemy whose economy was heavily dependent on U.S. trade. Could a President under this provision ..
Right.

I went round and round about this with SFP earlier. The ability to tariff is the wrong hill for the opponents to charge. The question is, "Is an asymmetrical global trading relationship, which was allowed by the US, and extended since WWII, now a sudden emergency?"
Posted by loogaroo
Welsh
Member since Dec 2005
39857 posts
Posted on 11/6/25 at 4:34 pm to
quote:

I went round and round about this with SFP earlier.


Futile

He would argue the inverse for someone other than Trump.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135769 posts
Posted on 11/6/25 at 4:47 pm to
quote:

Futile
Nah.
He's sharpe, he argues legal issues well. He never admits "good points," or "I'd not considered that," and that's a mistake. I'd bet logical counterpoints register though. I'd guess that is why he's here.
Besides it's fun playing on his homefield.
Posted by Bunk Moreland
Member since Dec 2010
66986 posts
Posted on 11/6/25 at 5:03 pm to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467556 posts
Posted on 11/6/25 at 5:05 pm to
quote:

None of that is at question

That's the major issue involved in this case.

quote:

However decades ago, Congress ceded rights to tariff to the Executive. Full Stop!

They ceded certain limited rights pursuant to specific statutes, of which the IEEPA was not included.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467556 posts
Posted on 11/6/25 at 5:06 pm to
quote:

Each of these POTUSes unilaterally imposed tariffs in the last century:

Pursuant to specific Congressional authority only.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135769 posts
Posted on 11/6/25 at 5:08 pm to
quote:

Pursuant to specific Congressional authority only.
As is the case here
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
297982 posts
Posted on 11/6/25 at 5:09 pm to
quote:

President Trump says FOREIGN INTERESTS are trying to get him to lose the tariff case so they can take advantage of us again


And people believe this fluff.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467556 posts
Posted on 11/6/25 at 5:09 pm to
quote:

As is the case here

I said specific.

Specific authority to tariff is certainly not the case here.

Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135769 posts
Posted on 11/6/25 at 5:14 pm to
quote:

That's the major issue involved in this case.
According to you. Not according to either analysts or to SCOTUS questions challenging the government.

quote:

of which the IEEPA was not included.
Stupid.
Really not your level. Do better.
You are far better than that bullshite.
Posted by Warboo
Enterprise Alabama
Member since Sep 2018
5666 posts
Posted on 11/6/25 at 5:17 pm to
quote:

President Trump says FOREIGN INTERESTS are trying to get him to lose the tariff case so they can take advantage of us again


quote:

And people believe this fluff.


Are you on crack? Of course foreign interests are for him losing. It is crippling them. Hell if I was a “foreign entity” I would doing everything possible to stop his tariffs.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
297982 posts
Posted on 11/6/25 at 5:18 pm to
quote:


Are you on crack?


Are you a victim?
Posted by Warboo
Enterprise Alabama
Member since Sep 2018
5666 posts
Posted on 11/6/25 at 5:21 pm to
quote:

Are you a victim?


No, I don’t own a boat with quad 300 hp motors and try to ship drugs in the Caribbean. I should be good to go.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467556 posts
Posted on 11/6/25 at 5:22 pm to
quote:

Stupid.
Really not your level. Do better.
You are far better than that bullshite.


That is literally the arguments going on at the Supreme Court

quote:

According to you. Not according to either analysts or to SCOTUS questions challenging the government.

You're choosing selections and misattributing summaries of specific lines of question

You can read the DC COA ruling for the issue

quote:

We are not addressing whether the President’s actions should have been taken as a matter of policy. Nor are we deciding whether IEEPA authorizes any tariffs at all. Rather, the only issue we resolve on appeal is whether the Trafficking Tariffs and Reciprocal Tariffs imposed by the Challenged Executive Orders are authorized by IEEPA. We conclude they are not.


That's the issue the Supreme Court just heard oral arguments over yesterday.

Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135769 posts
Posted on 11/6/25 at 5:23 pm to
quote:

As is the case here

I said specific.
Interesting. I thought several were.

Please detail the cases in which you'd argue the Executive Branch was more authorized to issue tariffs against "enemies" during a world war than those covered by the IEEPA.
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