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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 6:42 am to the808bass
Posted on 11/6/25 at 6:42 am to the808bass
quote:
Where was the tax in Obamacare?
Sibelius was a trash opinion so you aren’t going to get any argument from me on the characterization of the mandate as a tax.
Just pointing out that OP’s comparing that to executive tariffs is apples and oranges.
This post was edited on 11/6/25 at 6:44 am
Posted on 11/6/25 at 6:42 am to SlowFlowPro
quote:I does not need to. It grants the president broad authority to regulate commerce and transactions with foreign countries during a declared national emergency. Tariffs were already authorized as one means to regulate commerce and transactions with foreign countries. The IEEPA needn't respecify that. To the contrary, were tariffs to be excluded, that would have to be specified in the IEEPA.
How? They're 2 different statutes with two very different bodies of texts.
The IEEPA does not specifically mention or authorize tariffs.
Posted on 11/6/25 at 6:46 am to SlowFlowPro
quote:
It involves less oversight, from what I read.
Thanks. From the language of IEEPA, though, it always seemed like a bad fit...and a risky move to rely on IEEPA as authority.
When they trotted out the "Fentanyl front Canada!!!" as a justification for those tariffs it seemed like such obvious BS.
Posted on 11/6/25 at 6:46 am to Indefatigable
The point of OP (which everyone but the lawyers could understand) is that the judiciary is fine contorting language to hurt Trump and never contorting it to help.
Start from the supposition that Trump is going to get fricked. Then back into it. Now you have a picture of our justice system.
Start from the supposition that Trump is going to get fricked. Then back into it. Now you have a picture of our justice system.
Posted on 11/6/25 at 6:48 am to the808bass
quote:
Start from the supposition that Trump is going to get fricked. Then back into it. Now you have a picture of our justice system
Or, just wait and see what the opinion says before lighting ourselves on fire.
This court has ruled in the administrations favor plenty of times.
This post was edited on 11/6/25 at 6:49 am
Posted on 11/6/25 at 6:48 am to NC_Tigah
quote:
I does not need to.
Well that's certainly the argument of the admin.
quote:
. It grants the president broad authority to regulate commerce and transactions with foreign countries during a declared national emergency.
Which may not include tariffs. That's the primary issue of the case.
The Trump admin is trying to insert tariffs via implication, not text-based support.
quote:
Tariffs were already authorized
Not by the IEEPA, so those other statutes are irrelevant to this discussion.
quote:
To the contrary, were tariffs to be excluded, that would have to be specified in the IEEPA.
The opposite is true otherwise you grant the Executive broad powers outside the text of the statute.
That was the Biden admin's argument for student loan forgiveness via the HEROES Act. The court properly struck down such an argument there. Do we really want them to reverse course?
Posted on 11/6/25 at 6:49 am to the808bass
quote:
Here’s a poster who agrees that Congress can force someone to buy something.
Which poster?
Posted on 11/6/25 at 6:51 am to SlowFlowPro
quote:What is "broad authority" to regulate?
As tariffs are authorized elsewhere, he does not need that specificity in this particular law.
Yes he does.
OF COURSE that would include tariffs!
If you want to argue the nature of the emergency used to trigger Executive action, go for it. But saying the POTUS could not use tariffs IAW the IEEPA is silly. It's analogous to saying use of force against an enemy has to specify exactly what variety of force(s) may be employed.
Posted on 11/6/25 at 6:51 am to Teddy Ruxpin
They're having a little melt this morning and not being rational. If you're not melting with them, they assume you supported Obamacare or something
Posted on 11/6/25 at 6:53 am to NC_Tigah
quote:
What is "broad authority" to regulate?
That authority is limited to the text of the statute involved and not another statute.
quote:
OF COURSE that would include tariffs!
Congress could have easily specified this and they chose not to, which is a major problem for this argument if you want to constrain executive authority to the actual text of a law.
quote:
. But saying the POTUS could not use tariffs IAW the IEEPA is silly
It didn't seem silly to the justices yesterday
Posted on 11/6/25 at 6:56 am to SlowFlowPro
We both remember how everything was bent in order to enact that shite pile of legislation.
You don’t even understand what that means because your brain has been recast to believe that might makes right.
You don’t even understand what that means because your brain has been recast to believe that might makes right.
Posted on 11/6/25 at 7:02 am to the808bass
quote:
We both remember how everything was bent in order to enact that shite pile of legislation.
I will agree with you 100%, but that still doesn't make it relevant or applicable to the tariff case.
Being able to properly and logically distinguish the two doesn't imply support of the ACA or the underlying reasoning of that case.
Posted on 11/6/25 at 7:04 am to Indefatigable
quote:
Obamacare came from Congress.
They just can’t grasp this little caveat… Trump clearly had other options available that he ignored… his lawyers interpretation of statutes take into effect what Trump thinks… they lose on the language in every case they deal with
Posted on 11/6/25 at 7:05 am to Indefatigable
quote:
Just pointing out that OP’s comparing that to executive tariffs is apples and oranges.
He is not comparing that.
He is comparing the inconsistencies that go on inside of Roberts' head.
Posted on 11/6/25 at 7:08 am to the808bass
quote:
that the judiciary is fine contorting language to hurt Trump and never contorting it to help.
Victim shite… ain’t nobody contorting language… Trump and the people who surround him have proven to have a bad interpretation and reading of laws
Posted on 11/6/25 at 7:10 am to the808bass
quote:
Start from the supposition that Trump is going to get fricked.
You think this Supreme Court has bent over backwards to screw Trump? Trying to use IEEPA in a novel way was a risky...and unnecessary, there were other options...legal move. Trump got bad advice. Don't blame the Court for that.
Some of you are uncomfortable with the rule of law. I have yet to hear a better alternative.
Posted on 11/6/25 at 7:10 am to SlowFlowPro
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.
That authority is limited to the text of the statute
Posted on 11/6/25 at 7:12 am to RohanGonzales
quote:
He is comparing the inconsistencies that go on inside of Roberts' head.
But he's not.
Posted on 11/6/25 at 7:12 am to lepdagod
quote:
lepdagod
So you show up after the communist wins, did that put some wind in your sails?
Posted on 11/6/25 at 7:13 am to NC_Tigah
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
You being purposely obtuse… if this was Obama you would be using the exact same arguments you arguing against now
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