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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 11/8/25 at 8:05 am to the808bass
Posted on 11/8/25 at 8:05 am to the808bass
quote:
But are, by ruling of SCOTUS, explicitly taxes, would that also make the rulings of government bureaucrats that increase the cost of items also explicitly enacting taxes?
Tax Foundation has you covered
quote:
Ultimately, a charge is a fee if it is imposed for the primary purpose of recouping costs incurred in providing a service to the payer and it is a tax if it is imposed for the primary purpose of raising revenue to fund general government services.
This is why you saw Bessent pivot HARD after oral arguments shitting on the "tariffs were meant to raise revenue" policy that they floated as being the policy previously.
The negative externalities you're referencing by general regulation are a third option, which cannot be a tax as these indirect price deltas aren't created to flow funds back to government as revenue raising.
The US Supreme Court has been distinguishing types of taxes since at least 1796, also.
0
Posted on 11/8/25 at 9:10 am to SlowFlowPro
quote:
If they lose the case, that scheme is over.
quote:Right. What I noticed in those responses is the previous "they'll have to return all the money" contention is nowhere to be seen. That's good, because such a transfer would really screw Americans.
The government would have to enact new tariffs with these laws and start over
Posted on 11/8/25 at 9:57 am to LawTalkingGuy
quote:
Even Article I of the Constitution views these as separate powers. In two different paragraphs, Congress is first given the power to "lay and collect taxes, duties, imports and excises" and in a later paragraph the power "to regulate commerce with foreign nations".
The power to regulate trade and the power to impose tariffs are two separate powers.
Congress has given the Executive branch a number of tools to affect tariffs and international trade. Whether or not Trump has overstepped those acts is something else.
Posted on 11/8/25 at 10:58 am to NC_Tigah
quote:
What I noticed in those responses is the previous "they'll have to return all the money" contention is nowhere to be seen.
How could they keep the money from an illegal seizure?
quote:
because such a transfer would really screw Americans.
Likely.
It will be a pretty big screw up by the administration and you're just the massive impact that screwed up will have on regular Americans
This post was edited on 11/8/25 at 11:01 am
Posted on 11/8/25 at 11:20 am to SlowFlowPro
the Executive can not tax trade but can stop trade
the next move will be for POTUS to threaten to stop trade with countries unless the companies importing into the US pay an adjustable import fee
import fees are already done on a limited scale now
the next move will be for POTUS to threaten to stop trade with countries unless the companies importing into the US pay an adjustable import fee
import fees are already done on a limited scale now
Posted on 11/8/25 at 11:51 am to Auburn1968
quote:
Congress has given the Executive branch a number of tools to affect tariffs and international trade. Whether or not Trump has overstepped those acts is something else.
Of course. My post was in response to the claim that the power to regulate, which is expressly delegated in the IEEPA, inherently includes the power to tariff. It shouldn't, as those are two separate powers. However, the CCPA ruled 50 years ago that the power to regulate can include a limited tariff power.
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