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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 11/7/25 at 3:37 pm to
Posted by Tomatocantender
Boot
Member since Jun 2021
5578 posts
Posted on 11/7/25 at 3:37 pm to
quote:

It doesn't get much clearer than that.


You're spot on but kinda forgetting something at the same time which is why this thread has serious legs and is a great debate on both sides. That missing factor to what you just posted is the POTUS emergency powers in the interests of national security. One of my favorite shows With Honors does a good job of explaining while the POTUS is not an elected king, he absolutely has the power to sign an EO and declare war (for example) as long as he has a reason in the public's interest of national security, and most importantly does not have to consult Congress. Congress then has to wait 90 days before it can do anything unless they work with the VP and cabinet to invoke the 25th, Congress votes for impeachment etc.
This post was edited on 11/7/25 at 3:44 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466948 posts
Posted on 11/7/25 at 3:42 pm to
quote:

One of my favorite shows With Honors does a good job of explaining while the POTUS is not an elected king, but he absolutely has the power to sign an EO and declare war (for example) as long as he has a reason in the interests of national security, and most importantly does not have to consult Congress. Congress then has to wait 90 days before it can do anything.


That's not a Constitutional power. That's statutory power that's only about 50 years old, where Congress created that scheme.

quote:

POTUS emergency powers in the interests of national security.

Again, Biden's SL forgiveness scheme also relied upon the "emergency powers" declaration, and it failed.

And if your argument is that "national security" permits the President to exceed his statutory authority, then we have one branch of government.
Posted by VOR
Member since Apr 2009
67580 posts
Posted on 11/7/25 at 3:44 pm to
The Obamacare case involved a different legal issue, not tariffs. Apples and Oranges…
Posted by Padme
Member since Dec 2020
9323 posts
Posted on 11/7/25 at 3:44 pm to
quote:

then we have one branch of government.



Wish that it were so
Posted by Tomatocantender
Boot
Member since Jun 2021
5578 posts
Posted on 11/7/25 at 3:44 pm to
quote:

That's not a Constitutional power


The vast majority of Executive Branch/POTUS emergency powers are not explicitly stated in the Constitution. Nice try.
Posted by Tomatocantender
Boot
Member since Jun 2021
5578 posts
Posted on 11/7/25 at 3:46 pm to
quote:

The Obamacare case involved a different legal issue,


It came down to taxes, keep up my liberal friend.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466948 posts
Posted on 11/7/25 at 3:47 pm to
quote:

Wish that it were so

Including Biden's unilateral Student Loan forgiveness authority, right?
Posted by Tomatocantender
Boot
Member since Jun 2021
5578 posts
Posted on 11/7/25 at 3:48 pm to
quote:

Biden's SL forgiveness scheme also relied upon the "emergency powers" declaration, and it failed.


Biden's mandate on CMS (Covid vax mandates) also relied on emergency powers and it survived SCOTUS and was upheld.
Posted by Masterag
'Round Dallas
Member since Sep 2014
20065 posts
Posted on 11/7/25 at 3:50 pm to
quote:

Robert’s is a POS that’s compromised


By whom? Serious question.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466948 posts
Posted on 11/7/25 at 3:50 pm to
quote:

Biden's mandate on CMS (Covid vax mandates) also relied on emergency powers and it survived SCOTUS and was upheld


quote:

Biden's mandate on CMS (Covid vax mandates) also relied on emergency powers

I thought that was a normal reg in the Federal Registry.
Posted by Tomatocantender
Boot
Member since Jun 2021
5578 posts
Posted on 11/7/25 at 3:53 pm to
quote:

I thought that was a normal reg in the Federal Registry.


Nope, emergency powers through an EO to attach to expand some obscure CMS statute. Actually survived SCOTUS even after the 5th did an excellent job of laying out why Covid is an airborne virus that is ubiquitous and is not confined to one's employment as a hospital/facility employee that receives Medicare/Medicaid.
Posted by Tomatocantender
Boot
Member since Jun 2021
5578 posts
Posted on 11/7/25 at 3:57 pm to
quote:

By whom? Serious question.


Your question is asking why Roberts is considered a total POS? Were you born after say 2014?
Posted by hogcard1964
Alabama
Member since Jan 2017
17634 posts
Posted on 11/7/25 at 4:00 pm to
Who doesn't think that of Roberts?
Posted by Harry Boutte
Louisiana
Member since Oct 2024
3791 posts
Posted on 11/7/25 at 4:02 pm to
quote:

he absolutely has the power to sign an EO and declare war (for example) as long as he has a reason in the public's interest of national security, and most importantly does not have to consult Congress. Congress then has to wait 90 days before it can do anything.

Nope.

The War Powers Act limits presidential power, it doesn't expand it as so many people want to believe.

quote:

War Power Resolution - Declares that it is the purpose of this Act to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of the Armed Forces of the United States in hostilities, or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities.

Requires that the President shall in every possible instance consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement is clearly indicated by the circumstances.

Provides that in the absence of a declaration of war by the Congress, in any case in which the Armed Forces of the United States are introduced in hostilities, or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, such use of the Armed Forces of the United States in hostilities pursuant to this Act shall be reported within 48 hours in writing by the President to the Speaker of the House of Representatives and the President pro tempore of the Senate, together with a full account of the circumstances under which such hostilities were initiated, the estimated scope and duration of such hostilities, and the constitutional and legislative authority under which the introduction of hostilities took place.
...
Within sixty calendar days after a report is submitted or is
required to be submitted pursuant to section 4 ( a ) ( 1 ) , whichever is
earlier, the President shall terminate any use of United States Armed
Forces
with respect to which such report was submitted (or required
to be submitted), unless the Congress (1) has declared war or has
enacted a specific authorization for such use of United States Armed
Forces, (2) has extended by law such sixty-day period, or (3) is
physically unable to meet as a result of an armed attack upon the
United States. Such sixty-day period shall be extended for not more
than an additional thirty days if the President determines and certi-
fies to the Congress in writing that unavoidable military necessity
respecting the safety of United States Armed Forces requires
the
continued use of such armed forces in the course of bringing about
a prompt removal of such forces

LINK
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135721 posts
Posted on 11/7/25 at 4:06 pm to
quote:

I responded to a post trying to distinguish the 2 who seemed to equate a sales tax to a tariff.
FYI, I was being a smidge sarcastic. I'll try to remember to post a "/s" in the future.
Posted by Tomatocantender
Boot
Member since Jun 2021
5578 posts
Posted on 11/7/25 at 4:06 pm to
quote:

Such sixty-day period shall be extended for not more
than an additional thirty days if the President determines and certi-
fies to the Congress in writing that unavoidable military necessity
respecting the safety of United States Armed Forces requires the
continued use of such armed forces in the course of bringing about
a prompt removal of such forces


Boom, there is the 90 days exactly as With Honors laid it out. The irony is that it was a left-leaning movie at Harvard. Damn good watch, Pesci's range is incredible.
Posted by Harry Boutte
Louisiana
Member since Oct 2024
3791 posts
Posted on 11/7/25 at 4:16 pm to
quote:

Boom, there is the 90 days exactly as With Honors laid it out.



That doesn't say, "Congress then has to wait 90 days before it can do anything" as you said it did.

Congress didn't give Clinton 90 days in Kosovo.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135721 posts
Posted on 11/7/25 at 4:32 pm to
quote:

By whom? Serious question.
Whomever might benefit from his compromise.

Regardless, Roberts' Obamacare finding, ruling, and rationale was as contorted as any in the history of the court. It came ~7yrs after the scum bucket's SOTUSCJ appt.

Backstory: Roberts and his wife adopted two infants ~ 2000. The details of the adoption (country of origin of the children, agency used, etc.) have never been made public.

There was suggestion of irregularities in the adoption process. Rumor is the children were born in Ireland but adopted via a Latin American process,

If true, such irregularities would raise questions under both Irish and U.S. adoption law. Rumor is the aberrant adoption process gave political leverage/blackmail concerning Roberts. One would presume, as the kids are now in their mid-20's, such leverage would carry less weight.

But that is the dark explanation for Roberts behavior as SCOTUSCJ.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466948 posts
Posted on 11/7/25 at 4:36 pm to
quote:

There was suggestion of


quote:

Rumor is


Where do these "suggestions and rumors" originate?

Or, to be more specific, China, Russia, or Israel?
Posted by Tomatocantender
Boot
Member since Jun 2021
5578 posts
Posted on 11/7/25 at 4:42 pm to
quote:

That doesn't say, "Congress then has to wait 90 days before it can do anything" as you said it did.


Let's try this another way. Tell me how many days, if any, that Congress has to wait if the POTUS declares a war without consulting Congress? Let's not keep going back and forth with stupid lol emojis, let's get a real discussion going.
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