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re: Trump is not happy about SCOTUS and tariffs

Posted on 11/9/25 at 10:09 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463673 posts
Posted on 11/9/25 at 10:09 am to
quote:

There's no Constitutional basis for the "Congress didn't do anything, so the president gets to do whatever he wants".

Nobody, and I mean NOBODY is arguing that the President doesn't have tariff power, just that it requires valid Congressional authorization.
Posted by boosiebadazz
Member since Feb 2008
84156 posts
Posted on 11/9/25 at 10:09 am to
quote:

Elections?


So every four years for the executive? Or two years to theoretically cram the minority party into a large majority?

Posted by IvoryBillMatt
Member since Mar 2020
7163 posts
Posted on 11/9/25 at 10:09 am to
quote:

may you have fair winds and a following sea in your lifes journey


Thanks. You as well.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463673 posts
Posted on 11/9/25 at 10:09 am to
quote:

It’s being distributed to the people. $2000 tariff rebate checks. Good luck trying to get that back.


The admin will have to print billions, yes. It will be a disaster
Posted by LawTalkingGuy
Member since Mar 2025
91 posts
Posted on 11/9/25 at 10:10 am to
quote:

yet the Supreme Court will ask the 465 to manage trade relations with 180 countries covering 5000 products.


U.S. Constitutional, Article I, Section 8:

"The Congress shall have the power to...regulate Commerce with foreign nations."

Silly Supreme Court, actually trying to follow the Constitution....SMH.

You may be right, and the power may be better suited for POTUS, but you need a Constitutional Amendment for that.

Now, since Congress is slow to move, it can delegate its power to regulate trade to POTUS, but the Constitution requires Congress retain control of the power. So, the delegation statutes have to clearly express Congress' instructions to POTUS, so that the Executive branch knows how Congress intends the power to be wielded.
Posted by Trevaylin
south texas
Member since Feb 2019
9448 posts
Posted on 11/9/25 at 10:11 am to
wikipedia sez straw man arguments are a useful method of defining issues, leading to successful collaborative input
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
292699 posts
Posted on 11/9/25 at 10:12 am to
quote:

His fixation on tariffs is pretty odd,


Trump has hangups on intermediate steps instead of outcomes.

Once he decides a wall or a tariff is necessary to achieve a goal, you cant talk him out of it.

Posted by IMSA_Fan
Member since Jul 2024
545 posts
Posted on 11/9/25 at 10:12 am to
Not to mention the impacts on inflation. Seriously though, the treasury is high to have a rough time putting an extra $500B+ in USTs into the market
This post was edited on 11/9/25 at 10:19 am
Posted by KCT
Psalm 23:5
Member since Feb 2010
45589 posts
Posted on 11/9/25 at 10:16 am to
I wonder if we'll ever get the definitive word on why Roberts is compromised? I know what one rumor is.
Posted by IvoryBillMatt
Member since Mar 2020
7163 posts
Posted on 11/9/25 at 10:16 am to
quote:

would trust you more than those dipshits on the bench who think they have superhuman powers.


True Dat. Many judges have God complexes. They think they ARE the law.
Posted by frogtown
Member since Aug 2017
5577 posts
Posted on 11/9/25 at 10:17 am to
quote:


quote:
Im game. Since you say it is a "tax" on Americans, how would you ensure all 340 million got a refund proportionate to what they paid?
I thought foreign countries paid all of the tariiffs?


According to DJT they do.
Posted by JimEverett
Member since May 2020
1837 posts
Posted on 11/9/25 at 10:18 am to
quote:

So every four years for the executive? Or two years to theoretically cram the minority party into a large majority?


Yes, every 2 years elect candidates that do not cede power by giving the President "emergency powers"

It may have made sense when Congress was only in session part time, but not now.
Posted by boosiebadazz
Member since Feb 2008
84156 posts
Posted on 11/9/25 at 10:27 am to
Did the IEPPA have a mechanism for Congress to either nullify a declared emergency by the executive or other way to wrestle back the power from the executive absent veto-proof majority to rescind the law altogether?

There has to be an easier and more direct mechanism for Congress to take back the power it’s ceded under defined circumstances if it feels the executive is not exercising it under the circumscribed circumstances.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463673 posts
Posted on 11/9/25 at 10:29 am to
quote:

There has to be an easier and more direct mechanism for Congress to take back the power it’s ceded


The Trump admin is trying to argue this sort of claw back is unconstitutional, effectively, in the Impoundment Control Act cases and the cases arguing independent agency executive selection is illegal cases
Posted by Taxing Authority
Houston
Member since Feb 2010
62417 posts
Posted on 11/9/25 at 10:31 am to
quote:

Did the IEPPA have a mechanism for Congress to either nullify a declared emergency by the executive or other way to wrestle back the power from the executive absent veto-proof majority to rescind the law altogether?
Seemingly any time Congress delegates to the executive branch they need to include some sort of review. Like the War Powers Act, which allows president to take emergecy actions, but requires a congressional component in the longer term.

The problem is Congress are dumbasses and often don't do that.
Posted by 4x4tiger
Louisiana
Member since Feb 2006
4932 posts
Posted on 11/9/25 at 10:38 am to
quote:

They're going to have to start over and refund all the tariff monies collected under the illegal acts, if the old tariffs are invalidated.


Kinda like when you have to refund your clients after your shitty advise on Living Wills and divorces
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463673 posts
Posted on 11/9/25 at 10:39 am to
Your hilariously incorrect ad hom is noted
Posted by IMSA_Fan
Member since Jul 2024
545 posts
Posted on 11/9/25 at 10:51 am to
question for the boards lawyers - why didn’t the federal courts put a pause on tariff collections while this case made its way through the appeals process or at least force the gov to put all of those funds in an escrow account?
This post was edited on 11/9/25 at 10:53 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463673 posts
Posted on 11/9/25 at 10:54 am to
quote:

why didn’t the federal courts put a pause on tariff collections while this case made its way through the appeals process or at least force the gov to put all of those funds in an escrow account?


There were initial injunctions but a later ruling by the USSC that gutted these injunctions made it too difficult to do what you posted.
Posted by IMSA_Fan
Member since Jul 2024
545 posts
Posted on 11/9/25 at 10:58 am to
That makes no sense. If the government clearly loses in court, the ruling should remain in effect unless and until it’s overturned on appeal—especially when ongoing enforcement is causing significant harm to the plaintiffs. Moreover, doesn’t this undercut the argument that repatriating tariff funds would be problematic? After all, by allowing collections to continue, the Supreme Court implicitly signaled it wasn’t concerned about that issue in the first place.
This post was edited on 11/9/25 at 11:00 am
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