[1] https://www.tradecomplianceresourcehub.com/2026/02/20/trump-...
1) US customer pays huge import tax on imported goods in the form of higher prices.
2) Seller sends the collected tax to the US government
3) US government will refund all/most of that tax back to the seller after this ruling
4) Seller gets to keep the returned tax money as pure profit (no refund to customer)
The importer CAN be the seller, but other times the importer is a middleman in the supply chain.
I could see an argument that they don't have a legal obligation to pass the refunds on to their customers, any more than my local grocery store owes me 5 cents for the gallon of milk I bought last year if the store discovers that their wholesaler had been mistakenly overcharging them.
The difference this time is the scale is orders of magnitude larger. Will be interesting to see how they (importers and CBP) work through this.
UPS didn't even deliver the product.
I'm suing them in small claims.
We'll see what happens.
I imagine that even after the ruling, our ass backwards legal system will somehow say this makes sense, even though the tariff rate was never near high enough for that bill to make any sense.
Further, they're going to get refunded the $10 it MIGHT have cost them.
That's what matters, don't care if it's the seller or a middleman that gets this money.
That's really a shame for american citizens, i'd be furious if i was american.
Such a kleptocracy.
I think I'm kidding, but I'm not really sure anymore.
That topic will surely go back to the courts, kicking and screaming
(I know the answer is practically ’no’, but it does still seem to me that the bureaucracy and companies that went along with this obviously illegal operation bear some culpability...)
I can see why you are mad, but it seems like the were fulfilling their legal obligation (at the time).
The good news is that having directly paid UPS and not a middleman makes it much more likely that you will receive the money back. If anybody does.
Strictly speaking it depends on the Incoterms agreed upon by the seller and buyer[1]. If the Incoterms are DDP, then the seller should pay import duties and taxes and as such is involved.
Of course sellers are typically trying to run a business, so they'll bake the taxes and import duties into the sales price. So effectively the buyer ends up paying for it, just indirectly.
This was relevant when the tariffs were introduced, as sellers with DDP goods in transit had committed to a sales price which included any tariffs and would have to swallow the extra costs when they got the bill from the freight forwarder.
[1]: https://en.wikipedia.org/wiki/Incoterms#Allocations_of_risks...
Tariffs are like a national sales tax.
Though this is obviously a first so expect a billion lawsuits about this.
Is there a reason to believe, or evidence, that it's not a mixture of the two?
edit: I want to highlight esseph's reply has a link to evidence that last year's tarrifs were passed off 90% to consumers, which is exactly the type of info I was looking for.
That makes zero sense. You mean “by lowering the profit margin on the goods sold to the US by that specific company”.
Countries don’t pay tarrifs (bar state intervention), companies do.
But yes, it’s probably a mix of the two: raising prices and lowering profit margins.
"Importers and consumers in the US bear 96 percent of the tariff burden."
https://www.forbes.com/sites/petercohan/2026/02/15/consumers...
The businesses in the other countries are, you know, businesses. Even if it were Chinese companies that were paying the tariffs, that will be baked into the cost of the good.
This is literally first-day economics. No such thing as a free lunch. The cost of the item that the end user pays should reflect all costs associated with production and distribution to that end user.
I have no idea how the fuck the rumor that these tariffs will be “paid by other countries” started. If there are suspicions that the tariffs are temporary then they might be willing to eat the cost temporarily so it’s not passed onto the consumer immediately, but that’s inherently temporary and not sustainable especially if it would make it so these companies are losing money.
A tariff or import tax is a duty imposed by a national government, customs territory, or supranational union on imports of goods and is paid by the importer. Exceptionally, an export tax may be levied on exports of goods or raw materials and is paid by the exporter.
If an analysis says that "domestic consumers are paying 90%" of a tariff then they are simplifying the process that others are describing here as "baked into the cost" and I would say, more accurately, "the cost of tariffs are recouped from consumers/businesses by those who paid them (the importer)" The economic burden of tariffs falls on the importer, the exporter, and the consumer. [Wikipedia]
If economists are saying "consumers pay tariffs" then I would expect to see a notation on the price tags and a line-item on my receipts, but the cost of the tariff must be paid by the importer, or there won't be a consumer who can purchase the goods, let alone bear the costs of their tariffs.It doesn’t matter who sends the actual tariff payment, it gets priced into the cost of the product.
See also: disinformation that "other countries charge us the same tariffs", which turns out to be either a plain lie, or they mean VAT (a sales tax, like we have in the US).
It's what POTUS was saying since day 1. That we've been getting ripped off and we're gonna make the other countries pay us etc etc etc.
It is, as I said in the post, obviously wrong - but that's where it comes from.
Eh, standard business school logic these days is that if you want to maximize profits, you should charge what the market will bear, not your costs + some fixed profit.
So if you're already charging what the market will bear, there may be more wiggle room to absorb some of the hit of tariffs, so long as it still leaves you making enough profit or in a favorable position. It still comes down to what maximizes tariffs: at higher prices, demand drops, but at lower prices, your profit/item drops.
Still, yeah, from what I understand, the bulk of the tariff costs were passed along to customers.
I don't recall seeing a split between domestic consumers and domestic companies, but I'm fairly sure that consumers are paying more than the 10% that foreign entities are.
But I do think tariffs are an appropriate policy tool that should be used to protect US companies against overseas competitors that get government subsidies or other unfair advantages: Low wages, safety regulations, worker protection, environmental rules, etc.
Unless the money is fully accounted and restituted, I believe we can assume what the strategy is.
Just because Congress is stuck doesn't mean the Executive gets to do whatever they want.
What happens when things aren't stuck, they change too much, in both frequency and magnitude. Kind of like when one person in the executive branch gets to make the rules. It's utter chaos and uncertainty on the business environment, even on the consumer environment, they have no idea what anything costs anymore. Am I paying double from a year ago because of tariffs or because it's easy for the seller to say tariffs, I'll never know. As a business, should I charge more now in anticipation for future uncertainty, has seemed simultaneously unfair and prudent. Now, should I reduce prices to go back to pre-tariff or just pocket it and call it inflation. Uncertainty is chaos, it's hard to plan for anything or make big decisions. This is why high(er) rates didn't hurt the housing market but all the Trump related uncertainty did.
The executive branch is less accountable than the legislative one. You elect only the top office, and only once every four years. With so much bundled into a single vote, it's nearly impossible to hold any specific action to account.
It doesn't work out great for the judicial branch, either. They often rule that a decision is based on the law as written, and it's up to the legislature to fix that -- while knowing full well that the legislature can't and won't. And they're not consistent about that; they'll also interpret a law to favor their ideology, and again Congress is in no position to clarify the intended interpretation.
Congress was deliberately set up to favor inaction, and not without reason. But that has reached the point where it practically doesn't even exist as a body, and its ability to serve as a check on the other branches has vanished, leading to even more abuses.
When the US President commits crimes as the US President, he has absolute immunity from prosecution (otherwise, he might not be emboldened to break the law) so there is no judicial recourse, but the US Congress can still see the illegal activity and impeach and remove him from office to stop the execution of illegal activity. As our representatives within the US Government, they are responsible to us to enact our legislative outcomes. It appears they have determined that the illegal activity is what we wanted, or there would be articles of impeachment for these illegal acts.
The legislative branch can of course deliberately impose tariffs at any time for the reasons you listed.
Yes, please! Maximally efficient is minimally robust.
We need robustness in the global economy more than some megajillionaire needs another half cent per customer in profit.
In addition, we need competition in a lot of areas where we have complete consolidation right now. The only way to get that is to give some protection to the little guys while they grow.
If their laws allow their leaders to enact tariffs then sure, they're welcome to do it. Foreign relations is complicated. Different countries operate differently. In the US, Congress is supposed to levy taxes and impose tariffs. Not the president. This game of nibbling (now chomping) at the edges of that clearly outlined role needs to end.
>When for example US tech is better than the local alternative but the countries create unfair advantages to the local alternatives?
We can still enact tariffs and similar policies. This just says the President can't just called everything a national emergency and go to town. We have the same mechanisms they do.
That is not what Trump has been doing, though. Using tariffs as retaliatory measures? As a threat because he didn’t get to "own" Greenland?
Let’s stop comparing sane political strategies to the actions of a narcissistic madman.
The difference is they have to go through administrative procedure, and are subject to more judicial review to ensure administrative process was followed. Even if its a fig leaf in this administrative, its a tad slower with higher judicial oversight.
What Trump wants to do is impose tariffs on a whim using emergency powers where administrative procedure laws don't apply.
So the hope here: we have at least more predictability / stability in the tariff regime. But tariffs aren't going away
That's aside from my position that most taxes should be at a point of trade/exchange.
I understand and even respect when someone says "I'm American so I wish to maintain the status quo where the US can undercut other nations but they can't undercut us". But if there's some rose tinted view of how the US is actually the morally aggrieved one, I just can't bear it.
Tariffs in general have not been touched at all, those that Congress wishes to pass. This is a ruling that the President cannot use the 1970s act to be a one-person economic warfare machine to the entire world when he doesn't like something.
Trump's usage of tariffs is pretty damn dumb.
But unfortunately, there are other channels for them to effectively do the same thing, as discussed in oral arguments. So still not a major win for American manufacturers or consumers, I fear.
They've actually done so numerous times already and have several cases on the docket that look to be leaning against him as well. There's a reason why most serious pundits saw this ruling coming a mile away, because SCOTUS has proven to not be a puppet of the administration.
Several justices are openly taking bribes
and still this current ruling was a 6-3 vote.
You can still technically bring charges against the president for things they do while in office.
Practically speaking, after that ruling, you cannot, short of hypothetical scenarios so incredibly unlikely and egregious that even the incredibly unlikely and egregious acts of this administration don't meet that bar.
Actually they’re still doing it. I saw it not 2 minutes after seeing this post initially. The justifications for why they were “good, actually” has gotten increasingly vague though.
Additionally, the law in this case isn’t ill defined whatsoever. Alito, Thomas, and to a lesser extent Kavanaugh are just partisan hacks. For many years I wanted to believe they had a consistent and defensible legal viewpoint, even if I thought it was misguided. However the past six years have destroyed that notion. They’re barely even trying to justify themselves in most of these rulings; and via the shadow docket frequently deny us even that barest explanation.
Watching from across the Atlantic, I was always fascinated by Scalia's opinions (especially his dissents). I usually vehemently disagreed with him on principle (and I do believe his opinions were principled), but I often found myself conceding to his points, from a "what is and what should be are different things" angle.
Thomas wants to pretend he's the OG originalist, but I don't think he is anywhere near Barrett's peer.
He is all over the map, but not in a way that seems consistent or predictable.
Wasn't it JFK who said "We choose to Not do these things bc they're kinda hard actually"? /s
This fake independence works so well, that most Hungarians lie themselves that judiciary is free.
* https://en.wikipedia.org/wiki/Brett_Kavanaugh#Sexual_assault...
Very respectfully, there is no comparison between Trump and Biden in this respect. Indeed, the court adopted a new legal concept, the Major Questions Doctrine, to limit Biden continuing the Trump student loan forbearance.
> https://en.wikipedia.org/wiki/Major_questions_doctrine
I've read the Wikipedia page before and also reviewed it before posting, but thanks for your insightful analysis.
Care to share when it was used in the majority before the current Roberts court?
Basically the FDA tried to use its powers to regulate drugs and devices to regulate nicotine (drug) via cigarettes (device.) The conservatives on the court said, in effect, “look obviously congress didn’t intend to include cigarettes as a medical device, come on.”
Then Congress passed a specific law allowing the FDA to regulate cigarettes. This is how it should work. If congress means something that’s a stretch, they should say so specifically.
I don't have as much time to offer a similar assessment of the first two 'official' Major Questions Doctrine cases in the Biden administration, but neither was nearly as contentious as the FDA reversing its prior position.
For this reason, I see this decision as an argument against an agency changing course from an accepted previous (but not Congressionally defined) perspective. However, Chevron—at least according to interviews with lawmakers responding to the 'MQD' usage—ran counter to what the supposed understanding of how agency work would function. Again, I can find primary sources later.
1. https://www.nytimes.com/2000/03/22/us/high-court-holds-fda-c...
You phrased something very poorly. Someone replied and you moved the goalposts; claiming that you were actually referring to the majority using a concept. And now you’ve moved the goalposts again.
I don’t know why you’re doing backflips to avoid admitting that you were wrong.
The SC ruling today:
1) Does not stop the president from enacting tariffs, at all. The dissents even spelled out that no actual change would come from this ruling.
2) The ruling creates the absurd scenario where the president can (under this specific law) totally ban ALL imports from a country on whim, but not partially via tariffs. It's akin to being able to turn the AC on or off, but not being allowed to set the temperature.
As usual, interesting discussion about the nuances of this ruling are happening on X. Reddit and HN comments are consistently low-signal like the above.
The nuance is that nothing Congress passed granted to right to tax. Additionally, they did grant the power to partially block imports. Nothing says you have to enact “no imports from Japan” vs. “no imports of networking equipment from Lichtenstein.”
The precise wording is regulate. The idea that "regulate" means you can turn it on or off with no in-between is beyond parody. Absurd. Hilarious. Farcical.
That said the headline is misleading and should be renamed, nothing is changing from this ruling.
"investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit..."
I'm sure they are lol.
If any justice deserves to be impeached it’s him. I can’t believe they approved him in the first place. Anita Hill sends her regards.
https://americanoversight.org/email-suggests-that-supreme-co...
His patrons lavish him with gifts because they don't want him to retire, not because they want a specific ruling.
Keep doing exactly what we want you to do, or the money goes to someone who will.
Which is also a message to the rest.
[0] Unless that's power over the money (ie Federal Reserve) because that's a special and unique institution. (ie: they know giving the president the power over the money printer would be disastrous and they want to be racist and rich not racist and poor.)
The bigger issue I think is that that statute exists in the first place. "Emergency powers" that a president can grant himself just by "declaring an emergency" on any pretense with no checks or balances is a stupid idea.
> The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises
[0] https://constitution.congress.gov/browse/essay/artI-S8-C1-1-...
That doesn't sound like "well, this would be too hard to undo" to me, and making that argument elsewhere doesn't diminish the main point.
But yes it is basically eliminating parliament and rule by a monarch- making a mockery of 1776.
As a counter-example, if the case was, say, "can a college use race as a factor in admissions"[0], you get 3 justices siding in favor using dogshit reasoning, just from the other side of the aisle. It's a bit ridiculous to think there aren't Democrat partisan judges on the Supreme Court.
0: https://en.wikipedia.org/wiki/Students_for_Fair_Admissions_v...
https://en.wikipedia.org/wiki/Regents_of_the_University_of_C...
Besides, conservatives including conservative justices are literally pro racial profiling and arresting people on race only.
from the start of the "injury":
- 8 days to get to the supreme court
- 2 days arguing in court
- 5 days for the court to reach a decision
15 days to be ruled onhttps://en.wikipedia.org/wiki/R_(Miller)_v_The_Prime_Ministe...
Oh look, Trump just declared a new, 10% global tariff because lol laws. Congress is busted. There are essentially zero real laws for the plutocrat class.
Similarly in the US, Watergate (Nixon impeachment) took only 16 days, and Bush v. Gore (contested election) took just 30 days to reach a Supreme Court judgement.
The problem in this case is that Congress made such a mess of the law that the lower court judges didn't think the outcome obvious enough to grant the injunction.
The lower courts issued several such injunctions.
https://www.nytimes.com/2025/05/29/us/politics/trump-tariffs...
"On Wednesday, the U.S. Court of International Trade dealt an early blow to that strategy. The bipartisan panel of judges, one of whom had been appointed by Mr. Trump, ruled that the law did not grant the president “unbounded authority” to impose tariffs on nearly every country, as Mr. Trump had sought. As a result, the president’s tariffs were declared illegal, and the court ordered a halt to their collection within the next 10 days."
"Just before she spoke, a federal judge in a separate case ordered another, temporary halt to many of Mr. Trump’s tariffs, ruling in favor of an educational toy company in Illinois, whose lawyers told the court it was harmed by Mr. Trump’s actions."
If multiple appeals courts thought this case was a winner for the administration, we have an even bigger problem.
(Also, no. They might, for example, disagree on immediate irreparable harm, but not the overall merits.)
> Cases going on the emergency docket are not common.
Sure. But some of them look clearly destined for it. Including this one.
Do we? The law here was a mess. Prediction markets didn't have the outcome at anything like a certainty and the relevant stocks are up on the decision, implying it wasn't already priced in -- and both of those are with the benefit of the transcripts once the case was already at the Supreme Court to feel out how the Justices were leaning, which the intermediary appellate court wouldn't have had at the time.
> Sure. But some of them look clearly destined for it.
It's not a thing anyone should be banking on in any case. And if that was actually their expectation then they could just as easily have not stayed the injunction and just let the Supreme Court do it if they were inclined to.
Predictable result, unpredictable timing.
> they could just as easily have not stayed the injunction and just let the Supreme Court do it if they were inclined to
Hindsight is, as always, 20/20.
That wouldn't explain the prediction markets thinking the administration had a double digit chance of winning. The sure things go 99:1.
> Hindsight is, as always, 20/20.
It's not a matter of knowing which docket would be used. Why stay the injunction at all if you think the Supreme Court is going to immediately reverse you?
I am not a believer in the accuracy of prediction markets.
> Why stay the injunction at all if you think the Supreme Court is going to immediately reverse you?
They didn't think that.
They thought SCOTUS would back them up faster.
Back in November: https://fortune.com/2025/11/07/trump-tariffs-supreme-court-i...
"That suggests a potentially lopsided 7-2 vote against Trump, who appointed Gorsuch, Barrett and Kavanaugh during his first term."
We got 6-3.
https://news.bloomberglaw.com/international-trade/trump-tari...
"Though he normally aligns with Thomas and Alito, Gorsuch may be more likely to vote against Trump’s tariffs than Kavanaugh is, according to Prelogar. “It might actually be the chief, Barrett and Gorsuch who are in play,” she said."
https://www.quarles.com/newsroom/publications/oral-arguments...
"During the argument, several Justices expressed skepticism about the IEEPA expanding the President’s powers to encompass the ability to set tariffs."
This was the widespread conclusion back then; that the justices were clearly skeptical and that the government was struggling to figure out an effective argument.
And have fairly regularly to benefit this administration:
https://en.wikipedia.org/wiki/Shadow_docket#Second_Trump_pre...
https://en.wikipedia.org/wiki/J.G.G._v._Trump was vacated within days.
"On Friday, March 14, 2025, Trump signed presidential proclamation 10903, invoking the Alien Enemies Act and asserting that Tren de Aragua, a criminal organization from Venezuela, had invaded the United States. The White House did not announce that the proclamation had been signed until the afternoon of the next day."
"Very early on Saturday, March 15, the American Civil Liberties Union (ACLU) and Democracy Forward filed a class action suit in the District Court for the District of Columbia on behalf of five Venezuelan men held in immigration detention… The suit was assigned to judge James Boasberg. That morning, noting the exigent circumstances, he approved a temporary restraining order for the five plaintiffs, and he ordered a 5 p.m. hearing to determine whether he would certify the class in the class action."
"On March 28, 2025, the Trump administration filed an emergency appeal with the US Supreme Court, asking it to vacate Boasberg's temporary restraining orders and to immediately allow the administration to resume deportations under the Alien Enemies Act while it considered the request to vacate. On April 7, in a per curiam decision, the court vacated Boasberg's orders…"
TL;DR: Trump signs executive order on March 14. Judge puts it on hold on March 15. Admin appeals on March 28. SCOTUS intervenes by April 7.
The emergency docket is whatever they want to treat as an emergency. The decision not to treat this as such - it's hard to imagine many clearer examples of "immediate irreprable harm" - was clearly partisan.
'can the President unilaterally impose tariffs on any country he wants anytime he wants'
No, he can't impost tariffs on any country. He can only impose tariffs on American companies willing to import from any country.
> The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises
(which it does, and expounds upon)
We're already down that road; SCOTUS put us on it.
The question is now how much damage it'll do to the car to do a U-turn.
> would hopefully lead to immediate impeachment…
This describes like a hundred things in the Trump second term so far.
The court is an expression of political power. Expressing political power through it is not stupid.
So you would get to pack the court for the rest of your current term before the other party gets back in and packs it the other way, and thereafter lose the courts as a check on the party in power forever because the first thing a party would do when they get into power is pack the courts.
It's a monumentally stupid idea.
It would need to come with a commitment to a package of difficult to undo (i.e. amendments) reforms. SCOTUS term limits, preventing the Senate from refusing to even consider nominees, bans on justices receiving gifts (https://www.propublica.org/article/clarence-thomas-scotus-un...), revocation of Presidential immunity, etc. You pack the court with an explicit promise to largely return to the old status quo when it's fixed.
On top of that, Clarence Thomas is the oldest person on the court and Alito is only two years younger. By the end of the next Presidential term they'll both be in their 80s. You don't have to pack the court, you just have to be in office for the term or two after this one.
That's not what it looks like in most cases. In the first half of any term the next election can't gain you the Presidency but it could lose you the Senate. On top of that, when it isn't the deciding vote, e.g. the first of either Alito or Thomas to be replaced, a moderate is a much better hedge than the coin flip even in the second half of a term, because if you take the moderate and then lose the next election at least you have the moderate in the other party's majority, and if you win the next election then you keep the majority regardless.
I don't think it's 100% possible to stop a determined political movement in the US from doing A Holocaust, but I think it's worth at least trying to make it tough.
We can't 100% prevent anything; the Constitution could get amended to permit mass summary executions, with enough votes and public support. That doesn't mean it's not worth trying to make that tougher to accomplish.
That is what I describe as the "package" of reforms, yes.
> The thing that would help that is a constitutional amendment prohibiting court packing.
Good idea! Pack the court, and in that law, include a trigger provision that repeals it as soon as said amendment is passed.
(This has similarly been proposed in gerrymandering.)
Except then the other party just packs the court again instead of passing the amendment, whereas if you already have the votes to pass the amendment then you would just do that without packing the court.
The easiest time to reduce executive power is when your party is in the executive branch to sign the bill.
This has the exact same problem you're complaining my proposal has; it can be undone, quite easily. Probably more easily.
The best case scenario would be to somehow get both parties actually targeting the other's corruption instead of just trying to get the votes needed to be the ones sticking the money in their own pockets.
Democrats are finally waking up to this, I think, given the recent retaliatory gerrymandering in CA and VA.
"Mom, he punched me back after I sucker-punched him!"
Are you should that would have been a good idea?
Part of the problem is it requires an amendment so you need a super majority.
Imo democrats are waiting until they have enough of a majority to tank the reputation hit court packing would bring, but then lock it to 15 after they do so.
[1] https://www.judiciary.senate.gov/press/rep/releases/grassley...
...would have been sentenced for his 34 felony convictions and probably never get reelected?
Edit: Oh, maybe you’re thinking of things like the Colorado ballot eligibility case. Then if he hadn’t been electable, he would have been sentenced to serve time. Maybe, but are you arguing the Constitutional merits of Trump losing that case? Or are you okay with partisan hacks in the SC as long as they are Dems instead?
No, I'm thinking of the get-out-of-jail card they gave him in Trump v. US that immediately impacted NY v. Trump.
> Then if he hadn’t been electable, he would have been sentenced to serve time.
No, I think an electable person should still be able to be locked up for crimes.
> Or are you okay with partisan hacks in the SC as long as they are Dems instead?
I think the only chance of saving SCOTUS from partisan hackery is to stop surrendering.
I don't think a Biden-packed SC would've found the President to be immune to criminal charges, no.
> And my understanding was he was sentenced for the felonies, to unconditional discharge, because he was days away from beginning his second term.
He was sentenced to nothing, directly because of the SCOTUS ruling. Per the judge: "the only lawful sentence that permits entry of judgment of conviction without encroachment on the highest office of the land".
Pre-SCOTUS ruling, no such "encroachment" existed.
Again, at the actual sentencing, his ruling stated an unconditional discharge was "the only lawful sentence that permits entry of judgment of conviction without encroachment on the highest office of the land".
"I can sentence you, but only to nothing" is functionally not being able to sentence him.
SCOTUS doesn't rule on criminal cases, sentencing for state level crimes is done at the state level and he could have still run for president in jail.
The fact that the conviction only made his polling go up should tell you what the result of jailing him would have been.
SCOTUS ruled that the President has immunity from criminal prosecution.
(And they very regularly rule on other, more mundane criminal cases. Where on earth did you get the idea they don't? https://oklahomavoice.com/2025/02/25/u-s-supreme-court-tosse... as a super random example.)
> sentencing for state level crimes is done at the state level
SCOTUS ruled that said immunity applies to state crimes.
https://en.wikipedia.org/wiki/Trump_v._United_States#Opinion...
This was... rather large news.
https://www.politico.com/news/2025/01/10/trump-unconditional...
> “This court has determined that the only lawful sentence that permits entry of judgment of conviction without encroachment on the highest office of the land is a sentence of unconditional discharge,” Merchan said at the sentencing.
> The fact that the conviction only made his polling go up should tell you what the result of jailing him would have been.
We have precisely zero information on what a campaign by a jailed candidate who can't travel, campaign, or schmooze donors would result in.
And yet he was criminally prosecuted.
> And they very regularly rule on other, more mundane criminal cases.
Sorry, they don't convict in criminal cases.
> “This court has determined that the only lawful sentence that permits entry of judgment of conviction without encroachment on the highest office of the land is a sentence of unconditional discharge,” Merchan said at the sentencing.
You're conflating things again. He was not punished for his crimes. That doesn't mean he was not convicted. You can't be immune and convicted. If he was immune, the case would have been thrown out. He's still a felon and so, clearly, not immune.
The immunity granted by SCOTUS was far more limited in scope than news outlets would have you believe.
> We have precisely zero information on what a campaign by a jailed candidate who can't travel, campaign, or schmooze donors would result in.
This time it will be different, surely!
BEFORE THE RULING.
Come on.
Bullshit.
https://en.wikipedia.org/wiki/Supremacy_Clause
SCOTUS overturns state laws and convictions plenty.
State criminal case: https://oklahomavoice.com/2025/02/25/u-s-supreme-court-tosse...
State laws held unconstitutional: https://law.justia.com/constitution/us/state-laws-held-uncon...
Ultimately no system can't stop that if there is a societal culture that tolerates the drumbeat of authoritarianism and centralization of power.
Make stupid laws, win stupid prizes.
It's almost like the legal system is designed so that you can get away with murder if you can afford enough lawyers.
It's kind of like pointing at any major codebase and arguing that it's "stupid" to have millions of lines of code.
That is not how the Supreme Court works. SCOTUS is a political body. Justices do one thing: cast votes. For any reason.
If they write an opinion it is merely their post hoc justification for their vote. Otherwise they do not have to explain anything. And when they do write an opinion it does not necessarily reflect the real reason for the way they voted.
Edit: Not sure why anyone is downvoting this comment. I was a trial attorney for 40+ years. If you believe what I posted is legally inaccurate, then provide a comment. But downvoting without explaining is ... just ... I don't know ... cowardly?
It's a 6-3 decision. Not close.
Here's the actual decision:
The judgment of the United States Court of Appeals for the Federal Circuit in case No. 25–250 is affirmed. The judgment of the United States District Court for the District of Columbia in case No. 24–1287 is vacated, and the case is remanded with instructions to dismiss for lack of jurisdiction.
So what does that mean in terms of action?
It means this decision [1] is now live. The vacated decision was a stay, and that's now dead.
So the live decision is now: We affirm the CIT’s holding that the Trafficking and Reciprocal Tariffs imposed by the Challenged Executive Orders exceed the authority delegated to the President by IEEPA’s text. We also affirm the CIT’s grant of declaratory relief that the orders are “invalid as contrary to law.”
"CIT" is the Court of International Trade. Their judgement [2], which was unanimous, is now live. It reads:
"The court holds for the foregoing reasons that IEEPA does not authorize any of the Worldwide, Retaliatory, or Trafficking Tariff Orders. The Worldwide and Retaliatory Tariff Orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs. The Trafficking Tariffs fail because they do not deal with the threats set forth in those orders. This conclusion entitles Plaintiffs to judgment as a matter of law; as the court further finds no genuine dispute as to any material fact, summary judgment will enter against the United States. See USCIT R. 56. The challenged Tariff Orders will be vacated and their operation permanently enjoined."
So that last line is the current state: "The challenged Tariff Orders will be vacated and their operation permanently enjoined." Immediately, it appears.
A useful question for companies owed a refund is whether they can use their credit against the United States for other debts to the United States, including taxes.
[1] https://www.cafc.uscourts.gov/opinions-orders/25-1812.OPINIO...
[2] https://storage.courtlistener.com/recap/gov.uscourts.cit.170...
Yes, legislating can be hard and take time. And, yes, it can be tempting to bypass Congress when some pressing problem arises. But the deliberative nature of the legislative process was the whole point of its design. ... But if history is any guide, the tables will turn and the day will come when those disappointed by today’s result will appreciate the legislative process for the bulwark of liberty it is.
For countries that negotiated special treatment, they'll be stuck with a (now worse) deal?
For other countries, they'll return to the previous deal (non-tariff)?
Like with refunds, this is a mess of Trump's own making, and now we get to figure it out.
https://rollcall.com/2025/03/18/house-majority-rules-when-a-...
https://www.finance.senate.gov/ranking-members-news/wyden-wa...
- https://www.newsweek.com/trump-doj-handling-pam-bondi-brothe...
- https://abcnews.com/US/doj-drops-charges-client-ag-pam-bondi...
This is no excuse. If they knew this would be a business, being a broker of such deals would be sure to make them money.
not sure why you'd give them any benefit of the doubt. they haven't earned it.
I can't imagine their margins are usually very high, the tariff rates are astronomical compared to their usual margins. Hopefully someone here has more information than me because to my naive mind this basically absolutely explodes the free cash reserves of importers from high volume high tariff countries creating a lottery winnings for a business sector of epic proportions rarely seen.
This story is often repeated, especially by businesses advocating against taxes, but transparently false if you think about it: Taxes and tariffs are costs for a business, no different than an increase in the cost of hops for Budweizer, or an increase wholesale cost of M&M's for the corner store.
When hops' cost increases, Budweizer doesn't just pass it along to consumers; the corner store also doesn't just raise the price of M&Ms. Everyone knows that if you raise the price, fewer people buy your beer/candy and your profits may drop overall, while your scarce assets (money) will be sunk in products sitting on the shelves when you need those assets elsewhere. They can't just raise prices arbitrarily: if Budweizer charged $20/can they'd have zero profit.
As we know well, some companies even sell products at a loss because that is the best outcome for their profits - e.g., car manufacturers, rather than have a hundred million in assets 'lost' indefinitely to unsold cars, and having no pricing that is more profitable, will sell at a loss to get what they can out of it. The clothing store puts last season's unsold clothes on sale around now.
In economics the tradeoff between price and quantity sold is called the demand curve. There's a theoretical point on the curve, hard to identify precisely in reality, which maximizes your profit.
So when costs increase, businesses still want to maximize profits: They decide how much of extra cost to pay directly out of their profits, and how much to raise the price and have consumers 'pay' for it. The consumers don't always go along with the plan: For products that are easy to forgo, such as M&Ms, consumers won't pay much more and businesses tend to eat cost increases. For products that are more unavoidable, such as gas for your car, consumers are compelled to pay more (until they buy more fuel efficient cars, or take a bus or ride a bicycle).
> [T]he net effect of tariffs is to raise U.S. consumer prices by the full portion of the cost of the tariffs borne domestically (95 percent)
This is a serious document written by a bunch of serious economists. You can find a list of them at the bottom of the page. That you have written their conclusion off as "transparently false" should give you pause.
Thus both of you are really right. The tariff is paid 100% by consumer receipts if you track the flow of money, but this might also still be reflected in reduced profits. The actual flow of money might be $X revenue from customers, out of the $X paid from customers $Y is taken out for tariffs. $Y comes from the dollars received from customers but still reflects lowered potential profit if $X rose by less than $Y after tariffs started.
The best you could do is perhaps model the additional per household cost (which has been done) and issue them checks from the Treasury (stimulus check style), but who is going to pay for it? The taxpayer! There is no way to incur this economic cost on the people who incurred the harm (this administration). You could potentially get the funds back from companies through higher corp taxes. Is Congress going to pass that? Certainly not. Them the breaks of electing Tariff Man. Does exactly what it says on the tin.
> ....I am a Tariff Man. When people or countries come in to raid the great wealth of our Nation, I want them to pay for the privilege of doing so. It will always be the best way to max out our economic power. We are right now taking in $billions in Tariffs. MAKE AMERICA RICH AGAIN 9:03 AM · Dec 4, 2018
https://x.com/realDonaldTrump/status/1069970500535902208 | https://archive.today/BBEmH
Historical lesson in governance failure. Can't change history, the outcome is regrettable, we can only try to do better in the future. Onward. Let the lesson not be for naught.
It's very much possible if money isn't (or only partially) returned to the companies and used for targeted investment benefiting the public. Of course this won't help much if government spending priories and legislative objectives aren't revised, but that's unlikely because there's nobody in government or academia with anything close to a good idea about it.
Otherwise it’s the same as just leaving the illegal tax in effect.
The SCOTUS didn't say that in their decision. No matter how you call it, the tariffs were found in breach with simple law passed by Congress - that is, the undoing of tariffs can be legislated by Congress and it can take any shape they like - it will be legal. Anyway, fine-tuning this is a waste of time, the big problems are elsewhere.
But we all know they are actually the party of unsustainable debt (with the political agenda of it blowing up the country as they lay out in their 40+ years of starve the beast policy). They then come to threads like this and talk about...the unsustainable debt that their 40+ years of policymaking has created and how government doesn't work (because of their 40+ years of policy making) and we need to get rid of it. 40+ years of destroying the country via starve the beast policy and placing the country in unsustainable financial peril all for a political agenda they can't reach any other way.
They should be well aware of what extortion is.
If Trump did it on his own that's one thing if not it's a conspiracy.
That's why it taxed the economy much worse than a legitimate President would do.
Once again, count on hn for the downvotes. Yep, those shall not speak of downvotes, or taxation.
One that goes through all three branches of government, the way it's been since we decided "no taxation without representation" is how such things should be collectively implemented.
If a citizen's stance is there is no such thing as a legitimate tax, perhaps there should be a legal process for banishing them from all public services, including roads, electricity, telephone, fire and rescue services, etc. and make consuming them a crime. But I guess even that would be a problem because we need to pay for the justice system that would prosecute such a sovereign citizen that breaks the rules...
Basically an "opt-out" of modern life almost in its entirety. I think most people that subscribe to "no legitimate taxes" might be surprised how isolating that would be if they actually think it through.
To be clear, I don't think this is a good idea, it's simply a thought exercise.
I lean quite heavily myself.
In more ways than one though ;)
The most legitimate tax I see is one that citizens would cheerfully pay willingly under any economic conditions.
But that’s irrelevant - excise taxes are the classic example of taxes people pay willingly.
excise taxes are hidden taxes, so I wouldn't agree with "willingly"
For instance complaining about downvotes always draws more as does collectively insulting the community you are participating in.
As to the original question the problem is that it suggests confusion on a basic topic that was decided here centuries ago and taught in elementary school. If someone said what even is addition in an adult forum would you teach them addition or would you assume that they actually know addition and are arguing in bad faith because they feel math really ought to work differently?
Also when you can divide a particular topic into clearly delineated camps appearing to disagree or question the basic premises that one camp holds is oft taken for disagreement and alignment with the opposing camp even when you are just debating a side issue and may in fact be mostly or entirely aligned with the people who feel like you are opposed to them. This shortcut as far as identifying motive and perspective can misfire but it's often correct and "just asking questions" is often underhanded opposition.
Lastly a legitimate tax is one that is passed by Congress in the normal fashion and not overturned by the courts.
As for talking about what shall not be talked about, how else shall we talk about it? Once I hit -4, it doesn't matter anyway so a few drops on what I have is not really a big deal. In reality, I'm not counting the numbers, I'm counting the people who have fundamentally lost the cognitive ability to reason about deeper meaning in a more philosophical sense and just click click click.
Legitimate from a cultural / legal sense, but not from a philosophical one.
When Donald Trump didn't run his tariffs through Congress he blatantly violated separation of powers. In normal times this would be 9-0 ruling from the Supreme Court for being so open and shut and it would not have taken over a year for the decision, but those times have passed.
That's means its not a legitimate tax
For what it’s worth, I’ve personally been doing this. Not in meaningful dollar amounts. And largely to help regional businesses stay afloat. But I paid their tariffs and bought, in return, a limited power of attorney and claim to any refunds.
Seems more likely the administration orders everyone to ignore the court.
Even if the executive branch's actions stop here, there's still a lot of arguing in court to do over refunds.
In other words, Kavanaugh is lying: He doesn't actually care about legal clarity or mess-prevention. If he did we wouldn't even be in this situation in the first place.
The Supreme Court absolutely could have handled this much better, and is part of the reason there's so much to undo.
And unfortunately that extends to the metaphor as well. Society would like to see those responsible for the mess to also be responsible for the cleanup. However society expects that everybody but the mess maker will be left cleaning up.
Basically we have a legal processes for courts going "this is weird and unlikely to stand and hard/impossible to fix afterwards, so do nothing until you get a green light", using temporary restraining orders and injunctions.
Yet Kavanaugh et al spent the last year repeatedly overriding lower-courts which did that, signaling that if someone said "let's figure this out first" to radical and irreparable Republican policies, the Supreme Court would not have their backs.
______________
> In case after case, dissenting justices have argued that the Court has “botched” this analysis and made rulings that are “as incomprehensible as [they are] inexcusable,” halting lower court injunctions without any showing that the government is facing harm and with grave consequences, including in some cases in which the plaintiffs are at risk of torture or death. The majority’s response to these serious claims? Silence.
https://www.brennancenter.org/our-work/analysis-opinion/supr...
https://www.washingtonpost.com/politics/2025/07/21/trump-cou...
> President Donald Trump and his appointees have been accused of flouting courts in a third of the more than 160 lawsuits against the administration in which a judge has issued a substantive ruling, a Washington Post analysis has found, suggesting widespread noncompliance with America’s legal system.
https://www.nytimes.com/2026/02/18/us/politics/justice-depar...
> Judge Provinzino, who spent years as a federal prosecutor, had ordered the government to release Mr. Soto Jimenez “from custody in Minnesota” by Feb. 13. An order she issued on Tuesday indicates that the government failed not only to return his documents, but also to release him in Minnesota as she had initially specified.
https://en.wikipedia.org/wiki/Deportation_of_Kilmar_Abrego_G...
> On April 10 [2025], the Supreme Court released an unsigned order with no public dissents. In reciting the facts of the case the court stated: "The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal." It ruled that the District Court "properly requires the Government to 'facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador."
> During the [April 14 2025] meeting, US Attorney General Pam Bondi said that it was up to El Salvador, not the American government, whether Abrego Garcia would be released.
(That was, of course, a blatant lie.)
There's been lots of coverage of how government lawyers are overwhelmed because they have thousands of immigration cases being appealed and government lawyers keep quitting due to workload. So they have a giant backlog causing lots of administrative issues on following through with court orders.
https://newrepublic.com/post/206115/this-job-sucks-doj-attor...
Sorry, is there a "you can ignore the courts if it's deportation" clause I missed somewhere?
> There's been lots of coverage of how government lawyers are overwhelmed because they have thousands of immigration cases being appealed…
That's their own fault.
You don't get to violate people's rights because you yourself fucked up the system beyond repair!
No, but you are arguing in a very annoying style.
Nobody is claiming it's good or okay that this is happening. What people are discussing is whether it's likely that Trump will order people to ignore the court in this case. This is just a question of predicting probabilities, not morality.
And, indeed, the administration has been dropping the ball on following rulings in low-level deportation cases, but hasn't really ignored, or ordered people to ignore, major big-ticket Supreme Court cases. You can't really use one as evidence for the other. This is what people were pointing out to you.
But you took them pointing out this factual distinction as somehow defending Trump, which it is not.
Imagine you said of a known thief: "that guy will surely murder someone, look at his long criminal record!" and someone responded "but all his crimes are petty theft, none involve violence". It'd be illogical for you to then get indignant that the other person was defending theft or claiming it's not bad.
They did exactly that in the Garcia case, which was a "big-ticket SCOTUS case". It became politically untenable and they eventually backed down, but the post-ruling response was initially "nuh uh!"
He sure is confirming his contempt for the court right now on live TV.
Trying to drum up support for his hate against anything sesible in his sight.
Edit: This just in . . . he is peeved, his face just turned so red it bled plum through the orange layer. People should review this on Youtube later if nothing else for this alone. The most meaningful thing in the rant :)
Edit2: And . . . he's announcing additional tarriffs in real time. You can't make this up.
Why would they bother hiding it when the populace is apparently powerless to do anything about it?
If that was me, I would have used my substantial wealth to have lunch literally anywhere else in the world, with anyone else in the world.
These are persons of Trump-like character, not just your average booster :\
Like his peanut farm would unduly sway government peanut policy.
There has most certainly been a major decline in values over time that corresponds quite strongly with the rise in the perceived importance of wealth.
In 1909, the US president made 75k - roughly 2.76 Million in today's dollars. This is in comparison to the current 400k dollar salary of the president. As the president is the highest paid government employee by law/custom - this applies downward pressure on the rest of the governments payroll.
I see no reason why the president shouldn't be modestly wealthy given the requirements or the role and the skill required to do it well. Cutting the payscale to less than some new grads seems like a recipe for corruption.
Nope[0]. He was a shameless grifter just like Trump.
[0] https://www.lawyersgunsmoneyblog.com/2026/01/the-immortal-le...
There was a tremendous outpouring of grief and honor, and so much heartfelt condolences. From all over America and the whole world. Deep respect as fitting as can be for such a great human being, for the type of honest & compassionate leadership you could only get in the USA, and only from the cream that rises to the top.
Every single minute it invoked the feeling that Trump deserves nothing like this ever.
But then, I have seen the same thing played out recently: Biden, a devout catholic is considered borderline evil by my fundagelical parents (mostly due to religious channels from the US, even though they're in Canada), while Trump is approaching sainthood.
[1] https://web.archive.org/web/20260220083443/https://www.theat...
Nowhere near the respect was shown, not zero but more than was due.
People did question if that was too much honor at the time, too.
No hard core freedom-loving citizen from anywhere in the world questioned the extensive over-the-top memorial for Carter.
Nixon ruined things forever financially, but was not as dishonest as Trump.
Red Hats will be crying in the street while sane and normal happy people dance like it's the rapture and kiss like they're falling in love for the first time all over again.
Trump is just good for circus, I would say the GOP can call themselves really lucky with him. His job is to successfully capture media attention, keeping what enables him out of the spotlight. He lacks all qualities, except that one ability to grab the mass media by their pussy. New craziness every day makes good headlines.
Problem is that his enablers are not aligned on all core issues. Yes, you have got the Heritage Foundation which mainly wants to go back to the gilded age with a vast christian lower class. But you also have a circle of people who believe that crashing the US, including the dollar, enables them to build a US like they want. Its a weird coalition of billionaires predating on the millionaires, grifters, christian nationalists, Neo-nazi's like Miller, tech-accelerationists etc.
You should fear the day when Trump isn't needed anymore. MAGA is Trump. GOP will have to shift up ideological gear after him, and it won't be as nice as Trump. Even if internal war breaks out in the GOP, it is too early for a party.
Yes, it's strange how dumb some rich/succesful people are. As I understand it, no civilization ever has done such a thing. If a civilization and its institutions crash, it remains failed/dysfunctional for a very long time. The only way to improve society is in small steps.
I hope the people who finance this all will wake up to the reality that it may well cost them everything, too.
Not having to hear "no" for decades breaks brains.
[0] https://www.theguardian.com/us-news/2026/jan/30/new-epstein-...
If a dem wins in 2028, the big push will be one of reconciliation and acceptance. Let bygones be bygones. And it'll happen. And then for the next 4 years conservative media will absolutely pound that person's backside over made up and/or exaggerated corruption claims. Then in 2032 the GOP candidate will claim they're going to look into these claims.
With hindsight, it's pretty hard to believe that wasn't always the plan.
It was a pretty clever plan too, because everyone calling Obama out for [mass surveillance, illegal wars, promoting the '08 crash bankers, torture, funding ICE, bombing a wedding/s, assassinating US citizens without trial, attacking whistleblowers, using his supermajority to implement a Heritage Foundation healthcare plan, etc] was dismissed as a racist.
To this day I see people talk about the tan suit and the dijon mustard thing as if those fake outrage stories were the worst things he did. 'Wasn't it nice to have a President who could talk in complete sentences'.
However, I am unfortunately an incurable optimist, and sometimes we Americans really do pull off amazing feats. I live in the Twin Cities and we actually defeated DHS/CBP/ICE here. It was an amazing thing to witness, and maybe there is enough outrage at this admin's looting of the US that we can build the support nationally to do that kind of thing again.
Heck, Obama won the peace prize for no other reason than he wasn't George W Bush
Minnesota has a very high probability of sending 2 Democrat senators and all their electoral votes to the Democrat presidential candidate. Minnesota and the Twin Cities are of zero consequence to this administration, so why not use them as a distraction?
The primary goal of the administration, sweeping tax cuts, was already accomplished in Jul 2025, so even Congress is of limited value now until after the next presidential election.
That's Sarah Kendzior, one of the few journalists who was talking about Epstein long before all that started to became well known.
'Fun' fact: The Attorney General is able to unseal court documents at will. And for four years Garland didn't do that with the Epstein files. It was beyond clear that the SC were slow rolling Ghislaine Maxwell's appeal, and still nothing even leaked.
0 - https://sarahkendzior.substack.com/p/servants-of-the-mafia-s...
The purge of DOJ (They can’t even find confirmable US Attorneys at this point.) and the military officer corps makes that not a certainty.
do you mean because POTUS can't forgive State convictions? But why NY?
Unfortunately, SCOTUS has already absolved Trump of anything he does in office
Best we can do is a couple dozen golden parachutes.
EDIT: Link to old but good joke [0] provided for context.
[0] https://www.reddit.com/r/Jokes/comments/16imt2f/long_an_old_...
No more Merrick Garlands. No hand-wringing over appearances of weaponizing the DoJ. The next president needs to appoint an AG who enforces the law, and if they don't do it, they need be fired and replaced by someone who will.
Doesn’t seem like a trivial task, given the Nov 2024 election results.
Then they can take their time to reverse all immunity granted by this President so all snakes can be rooted out.
But presidents are also immune against prosecution for official acts. Could a president just disregard pardons from a prior administration? Immovable object, irresistible force kinda situation right?
That is plainly wrong. A constitutional amendment can say anything. There are no prohibitions.
An example needs to be set.
American patriots have never had anything in common with anybody like Trump.
Take your racist attitude somewhere else and it would not be so embarrassing.
But, sometimes a groundswell movement really can build momentum and drive the conversation regardless of what the leaders think about it. Write to your state & national representatives demanding that they publicly support prosecution for the incredible crimes we're seeing committed by this admin. Try to make it a policy platform for your state party. Maybe we can build enough support from the bottom up to get popular momentum behind it. Holding criminals accountable for their crimes is not really a controversial position, we have to demand that they actually do it.
Biden is gone, but Schumer and Jeffries aren't exactly looking any different.
I'm currently livid at the dem leadership that doesn't have the guts to do anything hard. Dem leadership needs to go and we need a serious response here. South Korea just jailed their criminal president for life. Just imagine.
At this point I think I'm most scared of the next fascist president. Trump has opened up a lot of avenues for blatant corruption and tyranny. His greed and stupidity have so far saved us from the worst outcomes but someone with his psychopathy but more savviness will mean the true end of our freedoms.
https://en.wikipedia.org/wiki/Party_divisions_of_United_Stat...
Going forward, the Dems are not likely to have power either, based on the projected safety of Repub Senate seats.
Like, they could easily have taken down Trump, either over Jan 6th or the Epstein files. They didn't.
They could have easily gained _millions_ of votes in the 2024 election just by promising not to keep helping murder tens of thousands of children. They didn't. They could have kicked up a fuss about some rather obvious election fraud; they didn't.
They could have fought harder for SC picks on multiple occasions. They could have leaked choice Epstein files at key times. They could have held proper primaries, instead of ramming a demented roomba warmonger and then his wildly unpopular warmonger sidekick down our throats (for like the third election in a row). They didn't.
At some point you need to realize that Dems have lots of power; and they choose to use it in very curious ways. Arming genocide and protecting billionaire blackmail pedo-rings aren't things that I'm willing to look past. Yes the Republicans are even worse, but at every point where Dems had all the power needed to hold them accountable they've gone to rather extreme lengths not to do that. For decades.
"The Biden Pardon immunizes everyone from future prosecution"
He pardoned specific individuals that had already been targeted and attacked by Trump and conservative media, who were extremely likely to be persecuted by a potential (and now realized) 2nd Trump term. There's a big difference between investigating January 6th and, you know, doing January 6th.Trump didn't even get a majority of the votes, let alone a majority in current polling.
https://en.wikipedia.org/wiki/2024_United_States_presidentia...
Trump: 49.8%
https://en.wikipedia.org/wiki/Plurality_(voting)
> A plurality vote (in North American English) or relative majority (in British English) describes the circumstance when a party, candidate, or proposition polls more votes than any other but does not receive a majority or more than half of all votes cast.
What he does have a very clear majority on currently is disapproval of his actions: https://www.nytimes.com/interactive/polls/donald-trump-appro...
Immediate signal that you can ignore whatever comes next.
I'm not following the reasoning in your comment. So because fishing expeditions are possible we shouldn't ever go after political opponents for actual crimes?
You can, for instance, make your same argument about Dick Cheney and his relations with Halliburton which were equally obviously corrupt. Yet lo and behold, plenty of showy investigations, and the political establishment finds that the political establishment did nothing wrong, well at least nothing deserving of anything worse than a few very gentle taps on the wrist.
Yes, other administrations were corrupt, going back at least to Andrew Jackson. No, from what I can tell, they weren't this corrupt (with the possible exception of Grant).
What crime did you want him found guilty of exactly?
There are other falsehoods in your comment as well.
What a profitable time for the Lutnicks, who are of course already fabulously wealthy. Our system really does reward the best people.
But I guess this is not very surprising. I am sure every friend and family member of Trump administration people made trades leading all those tariff announcements over the last year, while the rest of us got rocked by the chaos in the stock market.
“LUTNICK was a neighbor of JEFFREY EPSTEIN (EPSTEIN) in the adjoining property at 11 E 71st Street, New York, New York. LUTNICK bought the property for $10 through a trust. LES WEXNER (WEXNER) and EPSTEIN owned the building. LUTNICK bought it in a very roundabout way from EPSTEIN.”
Welcome to America.
This isn't even in the top 10 of corrupt activities our government officials undertaken in the past year.
Corrective upvote applied.
Trump just gave himself a $10 billion dollar slush fund from taxpayers. Who stopped him? No one. This amount of money will buy you one great den.
Noem wants luxury jets from the taxpayer.
So. Much. Winning.
Had the Democrats ran a half decent candidate, they could easily have won. But they're just not capable of doing that.
Harris wasn't the worst possible replacement, sure. But the Democrats have several very competent governors who could have done a lot better, but that was not considered.
“If only all those idiots on the right and in the center could see they should vote for the bumbling but well-intentioned candidate over the obvious liars and thieves” is an explanation that feels good to tell yourself, but also incredibly patronizing and prevents actually understanding why people vote the way they do.
I find the arrogance of the left pretty abhorrent. I also despise aspects of the right, but boy does the left rub me the wrong way.
Personally, I don't expect people on the right to come around. I am mystified by people on the center who looked at Trump and Harris and decided Trump was the way to go, or even just didn't care. If you'd like to enlighten me why they did that, I'd be interested.
My real confusion is people on the left who did this. They decided that Harris didn't say the right things about Israel, or they were upset at not having a primary, or they were still upset about Bernie, and decided to stay home. That is baffling.
Like the man said, I'm definitely tired of all the winning. Emoluments clause be damned.
Technically, no, they did not come up with this thought on their own. It's been heavily propagandized that 'voting does no good, so just stay home". I just want to point that out as it's an active attack on American voters.
People that are actually leftist don't vote because there's nobody that represents them. Most Democrat politicians are centrist.
Joe Average the Trump voter got to be the way they are from a "grooming" process of some kind.
Who would Trump have ever have picked up something like that from?
They spy on Congress (https://www.nbcnews.com/politics/congress/lawmakers-demand-d...).
They likely don't even need to spy on SCOTUS. They just have to chat with Ginni Thomas.
https://www.theguardian.com/us-news/2022/dec/30/ginni-thomas...
"The conservative activist Ginni Thomas has “no memory” of what she discussed with her husband, the supreme court justice Clarence Thomas, during the heat of the battle to overturn the 2020 presidential election, according to congressional testimony released on Friday."
"Thomas also claimed the justice was unaware of texts she exchanged with [White House Chief of Staff] Meadows and took a swipe at the committee for having “leaked them to the press while my husband was in a hospital bed fighting an infection”."
Let’s call all of this what it is: parasites leveraging their insider positions for profit. The ruling class is ripping the copper out of our walls and selling it for scrap while we all choose to look the other way.
That's more sadistic than I had guessed.
------ re: below due to throttling ----------
Lutnicks profit requires some 2nd order thinking. How Trump et al might profit off of import/export insider operations also requires some 2nd order thinking. My apologies for not spelling it out, although it should not take much imagination.
Always seems to be in the right place and the right time
https://www.scotusblog.com/2026/02/supreme-court-strikes-dow...
https://www.reuters.com/world/china/trump-orders-temporary-1...
The Congress could solve this in a week. Impeachment and removal from office.
The power to impose tariffs rests with the legislator, not the executive. Of course our congress is effectively useless - we can thank decades of Mitch McConnell's (and others) "not giving the other side anything" thinking for that.
The description of some of those emergencies is comedic: "Declared a bank holiday from March 6 through March 9, 1933, using the Trading with the Enemy Act of 1917 as a legal basis."
[1] - https://en.wikipedia.org/wiki/List_of_national_emergencies_i...
This is something FDR did heavily in the 1930s to expand his own power and bully congress into passing the New Deal. https://www.ebsco.com/research-starters/history/purge-1938 He also used legally questionable executive orders like crazy.
Attacking FDR, someone who stood up against business interests to defend labor, kinda exposes the game here.
He borrowed just enough of the stuff socialists were promising, and bolted it onto the government to mollify the working class who'd been absolutely ravaged by oligarchs for the preceding decades. You only have to look at the rest of the world to see how things might've turned out without FDR's very reasonable interventions.
...raise taxes
The state of exception is the true test of sovereignty, and powers that crave sovereignty therefore seek out states of exception. The PATRIOT act created new institutions and authorities like the TSA. Just a few years ago local health departments were making business-shuttering decisions that ruined life for a lot of people over the common cold. Ukrainian war funding provides the EU with opportunities for exports and new experiments in joint funding (Eurobonds). Emergencies and exceptions are how power grows, so everything can become an emergency if you look at it in the right way.
Actual event may not have occurred, but DHL flat fee is real.
If they refuse, sue them in small claims court.
I dunno if a class-action lawsuit is realistic or not in this case or how likely a court decision stating that all tariff revenue must be refunded.
Sorry, but tariffs on aluminum or steel that is only made in China or microchips or components. I think that’s a valid discussion to have. … you’re complaining about disposable cat toys that were likely made in a sweat shop where the workers were not making a livable wage and then putting in a container on a ship burning crude oil and pushed around the world so you can have some junk that was a couple dollars cheaper than a domestic option?
Not the same thing.
There is a normal process in place for importers/brokers to request refunds if a specific tariff was overpaid or a tariff was ruled to be illegal.
But if you imported through DHL and you were not the broker, that is more complicated, you might need to ask DHL for it, and they might not want to do it for you (as they don't have a standard process in place).
I spent a bit of time attempting to find a broker [1] to handle this for our project (since we had a large amount of eligible refunds due to importing then sending out of country after QA) but in the long run gave up...which is what they hope for.
Keeping an eye on all this to see how it plays out.
[1] Not only did I look for a broker but I debated becoming one myself due to this.
i.e. Where you upload your paperwork, fill in and certify the forms online, make a payment, and the broker just feeds all that through. You do the work, they're just your gateway to the system.
I've used courier's internal brokers (like DHL/UPS offer, at their ripoff rate), professional private brokers, etc. and seen all of them make stupid mistakes costing me money/time (eg. including the shipping cost in value for duties, transposing the wrong currency at face value, etc). I could do a better job myself, and frankly with a decent portal it would take me less time. Heck I bet I could build a fairly automated system that is more efficient (higher-margin) and accurate.
Here in Canada there's new legislation that even if you use a third party broker, you still need to post a security or bond with CBSA (see CARM) maintained on an annual basis. It boggles my mind they made the infrastructure to deal with money from all the individual buyers, but not a self-service portal to deal with the forms. Self-clearing here still entails a physical visit to a CBSA office.
That's correct, the laws exist but it's up to the executive to enforce them. The US has not meaningfully enforced any anti-trust laws since the Microsoft web browser bundling case in the 90s. There was a brief glimmer of anti-trust being resuscitated by FTC during the Biden admin, but the tech company monopolies got so spooked by that that they brought all their resources to bear in 2024 to ensure their guy won, and he did. Anti-trust remains dead in the US for at least another generation.
At the same time, USD M2 supply increased an unusual 40% from Jan 2020 to Jan 2022. It only fell a little after. So prices that were inflated for that reason, I wouldn't have expected to fall back down.
I do feel like some local businesses just price according to costs but keep that ratched up if costs fall, like you said.
Anthropomorphizing markets as evil cartels is 100% just as bad as the efficient market fetishization you see in libertarian circles. Markets are what markets do, and what they do is compete trying to sell you junk.
1. The EU would face higher tariffs on their exports to the USA. Now mostly struck down
2. The EU would not retaliate with tariffs of its own. Not really a big deal since the only US export to the EU that's worth worrying about are digital services, and those aren't subject to tariffs anyways.
3. The EU promised to buy lots of LNG and make investments in the USA to the tune of hundreds of billions of dollars. This was a bald-faced lie on the part of the EU negotiators. Even if the EU wanted to actually do this, they have no power or mechanism to make member states and companies within those member states buy more LNG or make more investments in the USA. This was just an empty promise.
___
So if the tariffs are struck down, we're more or less back to where we started.
Furious about the defeat, Trump said he will impose a global 10% tariff as an alternative while pressing his trade policies by other means. The new tariffs would come under a law that restricts them to 150 days.
Don't you americans have some kind of mechanism for removing a president from office when the trust is no longer there? I remember hearing a lot about it during the Clinton era in the 90s.
They might go without it, but if they're waiting on the Ford, they'll be cutting it close to fit the opening strike into this weekend.
I doubt Trump's seriously seeking a nuclear deal as he (in)famously withdrew from the deal established by the Obama administration [1].
[1] https://en.wikipedia.org/wiki/United_States_withdrawal_from_...
A nuclear Iran would lead to a nuclear KSA, Turkiye, UAE, Egypt, Qatar, etc and would make the Middle East more unstable.
We don't need to put boots on the ground though. The reason why we had boots in Afghanistan and Iraq which led to it's unpopularity was due to our moral commitment to nation-building in the 1990s-2000s (especially after Yugoslavia). Americans no longer feel that moral compulsion.
If Iran shatters like Libya, the problem is solved and KSA, UAE, Qatar, Turkiye, Azerbaijan, Pakistan, Russia, China, and India can fight over the carcass just like how ASEAN, China, Russia, and India are doing in now collapsed Myanmar (which had similar ambitions in the 2000s); how the Gulf, Med states, and Russia are meddling in Libya; and how the Gulf, Turkiye, Russia, China, and India are meddling in the Horn of Africa (Ethiopia, Sudan, Somalia).
This is why North Korea prioritized nuclear weapons - in order to gain strategic autonomy from the US and China [0], especially because China has constantly offered to forcibly denuclearize North Korea as a token to SK and Japan for a China-SK-Japan FTA [1]
Edit: can't reply
> How many more years will it remain inevitable, do you think?
As long as Iranian leadership remain committed to building a nuclear program.
Thus Iran either completely hands off it's nuclear program to the US or the EU, or it shatters.
The former is not happening because the key veto players in Iran (the clerics, the Bonyads, the IRGC, the Army, and regime-aligned oligarchs) are profiting from sanctions and substituting US/EU relations with Russia and China, and have an incentive to have a nuclear weapon in order to solidify their perpetual control in the same manner that North Korea did.
That only leaves the latter. The same thing happened to Libya and Myanmar.
The only reason the Obama administration went with the JCPOA was because the EU, Russia, and China lobbied the Obama admin that they could prevent Iran from nuclearizing. China+Russia are now indifferent to Iranian nuclear ambitions due to ONG (China) and technology (Russia) dependencies, and the EU does not have the power projection capacity nor the economic linkages to stop Iran.
[0] - https://www.cfr.org/backgrounders/six-party-talks-north-kore...
[1] - https://english.kyodonews.net/articles/-/47844?device=smartp...
The NATO campaign in Libya was similar with no American boots on the ground, with the Gulf and Turkiye largely stepping in. And unlike Libya, we don't have US citizens in a consulate in Iran.
"You break it, you buy it" doesn't hold in 2026 anymore.
"Hands off the nuke or we kill you" is a great populist policy on paper, but difficult to implement in reality. Especially if your air campaign fails, necessitating a suicidal ground invasion.
Libya's population was overwhelmingly concentrated in a handful of regions in the same manner as Iran.
Furthermore, Iran no longer has functional AD systems and the initial strikes were limited to nuclear sites and a handful of strategic site.
This time strikes are planned to be more generalized
> "Hands off the nuke or we kill you" is a great populist policy on paper, but difficult to implement in reality. Especially if your air campaign fails, necessitating a suicidal ground invasion
We can keep striking Iran indefinetly.
A nuclear program requires an industrial base, and with what is current being proposed, a scorched earth approach of targeting Iranian industrial [0], security [0], and leadership capacity [1] is being planned.
You truly do not need boots on the ground if you do not care about maintaining a functional country at the end of such strikes.
That is the approach the US is adopting now. For all this talk of "regime change", the answer is we don't care what happens after.
This is why I called out Libya - it was an industrialized country with an active nuclear and ballistics missile program with the capacity to harm much of Europe. The months of NATO strikes degraded their industrial capacity and the country collapsed into civil war, but it was no longer a major headache for Europe in the same manner that it was under Gaddafi.
Iran collapsing into a Libya or even Syrian style civil war is a good outcome for the US. It sucks for the region (and hence why the Gulf and Turkiye has been lobbying against it) but it is good enough for us in the USA.
[0] - https://www.reuters.com/world/middle-east/us-military-prepar...
[1] - https://www.reuters.com/world/middle-east/us-strikes-iran-co...
People said that in the Twelve Day War, and it was entirely unclear at the end whether or not the key OKRs had been achieved. It seems silly to suggest that they can expand their target list and receive more clear results.
The US only conducted limited strikes on Iran's nuclear program. The rest of the conflict was unilaterally led by Israel.
> whether or not the key OKRs had been achieved.
Iranian nuclear capacity was degraded [0] setting the program back by 2 years [1].
For a short term conflict, it met the limited OKR of preventing an Iranian nuclear breakthrough in 2025-26.
But this game of cat-and-mouse will continue as long as Iran maintains industrial capacity. The only solution at this point is generalized strikes degrading Iran's industrial capacity indefinitely.
If that also means Iran collapses into a Libyan style civil war, so be it. You put boots on the ground if you care about controlling strategic points and reducing civilian casualties - a generalized airstrike to kill one high value target and killing 200-300 civilians is easier than risking a strike force to extract that target.
We don't care if the Bagh-e-Chehel Sotoun becomes a bagh-e-chehel hazar jamajmeh, if Tehran's urban infrastructure collapses, and Khorasan, Sistan-ve-Balochistan, Kurdistan, Iranian Azerbaijan, and Khuzestan collapse into ethnic and communal violence.
This is what we did to Imperial Japan in WW2, Yugoslavia in the 1990s, and Libya in 2011, but unlike Japan and much of Yugoslavia, we have no appetite or interest in deploying a Marshall Plan or Dayton Plan.
That said, there is an offramp - give up the entire nuclear program and place it under American or EU control.
Those are the options.
[0] - https://www.reuters.com/world/middle-east/what-is-status-ira...
[1] - https://www.reuters.com/world/middle-east/us-strikes-destroy...
It seriously feels like a scheme to ensure cheap labor.
Tariffs are totally a reasonable tool for protecting national security interests or leveling the playing field for the American worker. Unfortunately none of that was done in a coherent or legible way.
With all the global fallout and nothing to show for it I'm really not sure I could have come up with a better way to sabotage the United States.
I could imagine people being on board with it if they could get a tariff funded subsidy for things made in America. If the average person got an explicit discount on their Ford because some rich person paid extra taxes on their Audi, then tariffs wouldn't seem so bad. I just think the actual goal is to make them political suicide for decades.
Trump administration officials had indicated that they developed contingency plans to attempt to reinstate levies in the event of this outcome. CNN reported that Trump called this ruling a “disgrace” and said he had a backup plan for tariffs.
And we know in practice that Trump TACOs out rather than pick real fights with established powers. Markets don't like it when regulatory agencies go rogue vs. the rule of law. They'll just shift gears to something else.
Trump Always Chickens Out (TACO) is a term that gained prominence in May 2025 after many threats and reversals during the trade war U.S. president Donald Trump initiated with his administration's "Liberation Day" tariffs.
The charitable explanation is that he chickens out when confronted with real backlash.The less charitable explanation is that he 'chickens' out after the appropriate bribe has been paid to him.
1. That's transparently NOT what the white house said the tariffs were for.
2. There has been NO significant change (via negotiation or not) in non-tariff trade policy under this administration. Essentially all those "announcements" of "deals" were, were just the acts of rolling back the tariffs themselves. No one caved. We didn't get any advantage.
It's just absolutely amazing to me the degree of epistemological isolation the right has created for it in the modern US.
Constitutional changes are required for other countries to trust in the stability of the US in the future.
It's certainly an interesting situation that wasn't explicitly spelled out in the law. But as far as everything that's working, it's realistically all within the legal framework of the Constitution. There are procedures to remove an unfit President, sure; but there's no requirement baked into the Constitution that requires those parties to act upon those procedures.
In short, it's a whole lot of short-sightedness of the Constitution combined with willing participants across multiple branches of the government.
The problems unearthed and the damage being done will take decades to fix just our internal issues, and it's very likely we will never resolve our international problems.
I don't know what the future holds for the United States, but we are certainly going to be operating from a severe handicap for quite a while.
Consider that most totalitarian states have constitutions that explicitly forbid torture, discrimination, and many other forms of government suppression of people. This does little in the face of a police state bent on suppressing the people.
The lines have definitely blurred a lot, especially since the early 1900's. And that's just between the branches, let alone the growth of govt in general.
Examples? The activist judges thing I can see, but I'm not so sure I'm concerned of a body with more singular authority (the president) delegating to a body with more democratic accountability and representation (congress), nor can I easily find any examples of it.
Can you expand? The Constitution gave the Executive powers that were then transferred to Congress and are now performed by the Federal Reserve?
Securities and Exchange Commission (SEC): As an independent regulatory commission, it oversees markets, yet some proponents of a unitary executive argue it should be subject to White House control.
Federal Deposit Insurance Corporation (FDIC): A regulatory agency that, along with the Fed, has been subject to executive orders aiming to tighten oversight.
Consumer Product Safety Commission (CPSC): An independent agency that issues regulations and recalls, often cited in discussions regarding the scope of executive authority.
Can you give any example of the opposite? A case where the executive has delegated power to the legislative or judicial branches?
I was asking for a real-world example of delegation of power from the executive branch to another branch. In the real history of the USA. Agreed, though: I can't think of one either.
The Constitution created SCOTUS as a political body.
The sole role of a Supreme Court Justice is to cast votes.
The constitution places zero restrictions on how a Justice decides which way to vote. The Justice is not bound by anything in deciding how to vote.
That includes bribery or other corruption. If bribery is proven, the Justice is subject to criminal prosecution. But conviction does not remove the Justice from office. And removal by impeachment does not undo the cases decided by the corrupt votes of the Justice.
Every vote of every Justice in US history was an "activist judicial practice" in the sense that each vote was made for personal reasons of the Justice that we will never know (opinions only reflect what a Justice chose to say, which in no way means it reflects the personal reasons for the Justice's vote).
Your comment is a political statement about a political body - although you seem to incorrectly believe you are making some type of legal statement.
The Constitution is designed such that it defines no rules and places no restrictions upon how Justices are to interpret the Constitution. The original design of the Constitution is that the Justices are to interpret the laws of the United States as they see fit.
There is no such thing as an "activist" Supreme Court.
The suggestion there must be an "Originalist interpretation" of the Constitution (e.g. it must be interpreted as intended by the Founding Fathers) is pure hogwash. If that were so, then by an "Originalist interpretation" the Constitution would already say so (and of course it doesn't). Nevertheless political conservative Justices actually made that part of their opinions that now impose the concept of "originalism" when interpretating the Constitution. A pretty neat magical trick by which the conservative Justices violate the philosophy of "originalism" to impose "originalism".
And as for "further down the line at the district level", there is likewise no such thing as an "activist" court - in the sense that lower courts, unlike SCOTUS, are constrained by the Constitution and statutes passed by Congress. There cannot be "activist" district courts to the extent that if they overstep their bounds, SCOTUS will be called upon to address it.
The phrase "activist court" is nothing more than a fictional invention of The Federalist Society. If there are actual politics being played in SCOTUS (this time I mean Republican vs Democrat), it is the Republicans through The Federalist Society and appointments to SCOTUS of Federalist Society Members. But now I am chasing down a rabbit hole that is best avoided.
This would be enforced how?
Bingo. The flaw in the constitution. The Executive holds the only enforcement mechanism in government: the FBI, military and other police forces.
Having majored in political science as an undergrad and then being a trial attorney for 40+ years, I would argue that my use of the word 'flaw' is probably misplaced. 'Flaw' implies it could (should) have been created differently.
Alas, I am unaware of ever reading a workable way to 'fix' our constitutional 'flaw'.
As far as I can tell the US system is designed for gridlock. Things like filibuster, lower house elections every two years, state elected upper body, electorate system are all designed to create girdlock.
While Americans as a whole are to blame for some of this they are working in a completely broken system. In tech we try not to blame a person when something goes wrong so we look at what process allowed this to happen. I think many of the US problems are explained by their underlying system which is basically a copy of the English one at the time of Independence with a monarch and a parliament. Unlike the English system though it barely evolved since then.
Even by the time of the civil war, Robert E Lee decided he was Virginian ahead of his national identity.
If you have a bunch of sovereign states, then you need some state-level evening out. If everyone is a citizen of one large state, you can just go proportional.
On top of this, it was never going to be easy to gradually move from one to the other with the issue of slavery looming large, so they didn't fix it. This was still a huge issue in 1848 when a lot of Europe was grappling with how to do a constitution.
So it stayed broken and here we are.
The US quickly realized that the loose federation wasn't going to work and centralized a lot of power. It should continue to evolve it's system.
It's worth noting that even the US doesn't think it's system is a good idea. When it imposes a new government on countries (like Iraq) it chooses a parliamentary system.
because theres no example in history that has worked better. Its unclear how much of the success of the US should be attributed to the Constitution (what history would have looked like if the US had a canadian constitution for example), but what cant be argued is that the US is the most successful political body in world history and it is the oldest continuous Constitution in the world.
Under that lens it makes sense that Americans are fairly conservative about changing the constitution and why the founders are so revered. Its just fucking worked out great for us until now. Its really a miracle in many ways.
i mean is it really hard to imagine why Americans might be wary to change things? maintaining a stable civilization is a pretty precarious undertaking.
That system explicitly encourages mucking with it. We have elections every 2/4/6 years. It has an amendment process. Parts of it, like judicial review and qualified immunity, were just plain invented.
Per Jefferson:
“On similar ground it may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation. They may manage it then, & what proceeds from it, as they please, during their usufruct. They are masters too of their own persons, & consequently may govern them as they please. But persons & property make the sum of the objects of government. The constitution and the laws of their predecessors extinguished then in their natural course, with those who gave them being. This could preserve that being till it ceased to be itself, & no longer. Every constitution then, & every law, naturally expires at the end of 19 years.”
All im doing is explaining why Americans in the current moment are conservative about the constitution. Why are you failing to acknowledge this? Im not making a value judgement im explaining why people think this way.
You can very much argue about this.
If you've ever had the task of writing an essay about the nature of success, I don't think you would offer a sweeping statement like this.
The fact that the US Constitution is basically more sacred that the Bible when you talk to the average American is even weirder. The Founding Fathers are the Original Gods (Gangsters?).
because theres no example in history that has worked better. Its unclear how much of the success of the US should be attributed to the Constitution (what history would have looked like if the US had a canadian constitution for example), but what cant be argued is that the US is the most successful political body in world history and it is the old continuous Constitution in the world.
Under that lense it makes sense that Americans are fairly conservative about changing the constitution and why the founders are so revered. Its just fucking worked out great for us until now. Its really a miracle in many ways.
That’s https://en.wikipedia.org/wiki/Constitution_of_San_Marino.
The other bit, “the most successful political body in world history”, isn’t even a falsifiable claim; it’s pure opinion.
The Pope might disagree on it, for example.
At the federal level the US system was designed for gridlock on purpose, with the premise that something shouldn't be federal policy without widespread consensus, and without that consensus it should be left to the states.
The problem is really that many of the gridlock-inducing measures have been thwarted, e.g. delegation of rulemaking power from Congress to the executive and direct election of Senators to prevent state-representing Senators from voting down federal overreach. But those things weren't just there to induce gridlock, they were also the accountability measures, so without them you put corruption on rails and here we are.
I'm not sure why Americans think that the creation of agencies is the problem when other well governed countries do the same. The idea that a legislative body could possible create appropriate regulation in a modern complex world is crazy. That's what a parliamentary system solves. It keeps the executive accountable to the legislative at all times.
Only if there is no other way to address the issues, but the system provides one. You adopt the policy at the state level instead.
> I'm not sure why Americans think that the creation of agencies is the problem when other well governed countries do the same.
The US at the federal level is larger than nearly all other countries. North Carolina has more people and a higher GDP than Sweden. California has almost as many people as Canada and a higher GDP. The US has the same order of magnitude in size and population as the whole EU.
Bureaucracies have diseconomies of scale. There is a point past which "larger" is no longer getting you significantly better amortization of fixed costs and is instead just increasing communication costs, adding layers of middle management, exacerbating the principal-agent problem and making you a more attractive target for corruption.
The US federal government is well past the optimal size for solving most problems; probably even California is too big.
You write this as a self evident truth but it isn't. In what way is having a single trucking standard for the entire country less efficient than having 50? In what way is having a single currency across the entire country less efficient than having 50? In what way is having a single standard for approval of medication less efficient than having 50?
The US's advantage is precisely because of it's scale. It provides a massive addressable market allowing companies to scale rapidly.
This is why issuing currency and interstate commerce (meaning actually crossing state lines, not the modern interpretation of anything that affects commerce anywhere) are among the explicitly enumerated powers of the federal government.
> In what way is having a single standard for approval of medication less efficient than having 50?
It allows large states to set their own standards and smaller states to choose which of the standards to apply, e.g. Arizona says you can sell anything in Arizona that you can sell in Texas, without requiring everyone to agree on how the trade offs should be made, e.g. California can have more stringent rules than Texas. Meanwhile people in Texas could still choose not to consume anything if it hasn't been approved in California and people in California could go to Arizona to get things they think California is being too reserved by prohibiting.
> The US's advantage is precisely because of it's scale. It provides a massive addressable market allowing companies to scale rapidly.
Which in itself has the tendency to promote megacorps and market consolidation over competitive markets with larger numbers of smaller companies, and consolidated markets themselves have significant inefficiencies and costs.
Meanwhile why would that require the federal government to insert itself into local education policy or be issuing subsidies to oil companies etc.?
For better or worse, our system today isn't quite what it was originally designed as... The Senate was originally selected by the state govts, not direct election... the Vice President was originally the runner-up, not a paired ticket and generally hamstrung as a result. The VP didn't originally participate in the Senate either, that came after WWII.
The good part about the constitution is there is a reasonable set of ground rules for changing said constitution with a minimum that should clearly represent the will of the majority of the population. (corrupt politicians not-withstanding)
The reasonable set of ground rules seem to favor states over the will of the majority of the population. It is possible to change the constitution with states representing only 25% of the population. And remember you'd only need a majority in each of those states so could be way less of the population.
Overall the system seems flawed in that instead of having clearly delegated areas of responsibility to states and then doing the federal system as based on the population of the whole country it muddled areas and then made a federal system that couldn't respond to the population.
There are clearly delegated responsibilities to the states... the 10th amendment specifies as much... that the govt has grown beyond this wouldn't have been stopped by a parliament any more than the current system.
The 10th amendment isn't clear. Too many areas are dual responsibility. That's never going to be clear.
I'm being a bit hyperbolic only to make the point... I don't think anyone's "rights" should include forced labor of anyone else. So certain things, even food cannot be a right... I would think that public lands and a right to hunt/gather or even some level cooperative gardening/farming might be okay as a middle ground though.
The US system was designed as a grand experiment. It made a certain amount of sense at the time: the country as a vast plantation steered by a benevolent master with policy set by wealthy landowners and businessmen who knew what was best for everyone. It was a system already in place in the Americas for generations and most national arguments could be hashed out at the club over some fine imported brandy or, for people like Franklin, some imported tea.
As far as it goes, there have been worse set-ups.
The setup isn't the problem. The refusal to evolve is the problem.
I'd argue that it wasn't really the system in place. The system in place was one of states governing themselves. Before independence the states didn't really deal much with each other.
A similar problem in the United States is the excessive amount of law making by the Judiciary. In most countries the Judicary doesn't' make law it just tells Parliament that they need to change the law. This again means the consequences of who you voted for are not faced.
The pressure builds till there's a breaking point.
Slower democracy, sure, but fits advanced economies that need consistent small refactors and never full rewrites every 4 years.
But sometimes I think about the fact that you guys don't even have the metric system yet...
[1] https://en.wikipedia.org/wiki/1993_New_Zealand_electoral_ref...
At the very least, we need a clarification on presidential immunity.
The only way this will change is if the rest of the world leaves America behind and the quality of life here becomes so bad that radical change becomes possible.
But you are right that Trump won the popular vote in 2024, so you can't blame that on the system. But a functioning democracy would have more constraints on him. Our legislative branch has been dead in the water for 20 years at this point.
It was 49.8%, which is not quite a majority.
It's also worth noting that Kamala Harris received precisely 0 votes in the 2024 Democratic primaries.
[EDIT:] I see that the parent comment has now changed "majority" to "plurality."
If I could make one Constitutional amendment, it would be this: publicly finance all election campaigns, and make private contributions illegal bribery, punished by imprisonment of both the candidate and briber.
I think a competent opposition party would be great for the US. But regardless of the candidate, US voters had three clear choices in the 2024 Presidential election: (1) I support what Trump is going to do, (2) I am fine with what Trump is going to do (abstain/third-party), (3) Kamala Harris. I think it’s extremely clear 3 was the best choice, but it was the least popular of the three.
Was that less bad than what Trump has done in one year? Yes. But Trump in his first term was less bad than this, and recency bias means that what we didn't like about Biden was more prominent in our minds.
But my option 4 looks just like your option 2 in terms of how people voted. I'm just saying that the motive may have been different.
Democracy is a healthy process - I don't know why we buy the stupid line of "we need party unity" when what we need is an efficient expression of the voters will and having that expression is what best forms unity. There are some old Hillary quotes that make me absolutely rabid.
It's really a problem of money though. The DNC really are the king makers when it comes to candidates. That and PAC money are the requirements to get a nomination. At least when it comes to presidency. Smaller elections you get more freedom to have a successful without such things. The whole system needs an overhaul unfortunately and I don't see any candidate from any party looking to fix that any time soon.
That's only problem in the USA. Other western democracies are able to have snap elections done in two months.
The first couple states really end up determining who usually wins the nomination and financial backing. It takes time to move a candidate between places and set up multiple events and fundraisers. Now in state and city elections the US can do those quickly as well. Smaller area to cover and campaign and the community stays informed. It doesn't help that national elections involve institutions like the electoral college instead of a popular vote. That's a different problem though.
Theres plenty we can do. That's off the top if my head. I'm sure if smart people sat down to think about it there are lots of practical and clever ideas.
The majority didn't ask for this. 49% of voters did.
We need to do something to fix this: gerrymandering ban, increase the number of Reps, add more states for more Senate seats, etc.
how is it possible that congress has consistent single digit approval ratings and they vote for things 90% of their constituents disagree with and still get elected? This is the core problem of American politics. Politicians are beholden to donors not voters.
You would describe this as being different from competitive?
I doubt any amount of money would matter if we had 1 representative per 30k people as written in the constitution, NY State is about 20 M people so you'd need to bribe ~300 of the ~600 representatives in order to get your way (and also do that for every other state).
We need changes that address the kind of people that are running for these spots and winning then go on to do a bad job. Congress isn't incentived to be effective.
>Or hear me out - the congress should start doing their job.
Well, we make them do their job by holding them accountable to the people rather than a billionaire donor class. Citizens United is at the root of all this.
If the majority of American voters elect snoopy the dog snoopy can do all of the things snoopy wants to do within the bounds of the law. Snoopy can use his bully pulpit to fight against dog restrictions in restaurants and grant pardons to previous offenders. Snoopy can ensure efficient spending of money on public water fountains accessible to canines... but if snoopy starts issuing open hand-outs to the red baron (snoopy in a moustache) that's when the other branches of government are supposed to step in - we aren't supposed to need to wait four years for the next election to stop open corruption (especially since corruption is really good at funding more corruption so there's a vicious cycle that can begin if you let it fester @see the recent FBI raid on GA election offices).
You mean like how President Trump just gave 10 billion USD of taxpayer money to a board operated by Private Citizen Trump?
https://www.nbcnews.com/world/gaza/trump-board-of-peace-firs...
Republicans who wanted to prevent Trump from doing this kind of shit were voted out.
This is what the voters want.
Gerrymandering keeps extreme politicians in office. Partisanship gets people to vote against their own interests. Media gravitates toward spectacle rather than substance, to the benefit of those that know how to use that; and social media in particular entrenches deeper into preconceived biases.
In short, manipulating voters is a profitable business. Electoral results are the output of that business, and voters are just the instrument.
1. Ranked Pairs voting for national elections, including eliminating the electoral college. Break this two-party duopoly of bad-cop worse-cop.
2. Enshrining the concept of independent executive agencies, with scope created by Congress, with agency heads chosen by the same national elections. (repudiation of "Unitary Executive Theory", and a general partitioning of the executive power which is now being autocratically abused)
3. Repudiation of Citizens United and this whole nonsense that natural rights apply to government-created artificial legal entities (also goes to having a US equivalent of the GDPR to reign in the digital surveillance industry's parallel government)
4. State national guards are under sole exclusive authority of state governors while operating on American soil (repudiation of the so-called "Insurrection Act"). This could be done by Congress but at this point it needs to be in large print to avoid being sidestepped by illegal orders.
5. Drastically increase the number of senators. Maybe 6 or 8 from each state? We need to eliminate this dynamic where many states hate their specific moribund senators, yet keep voting them in to avoid losing the "experienced" person.
6. Recall elections by the People, for all executive offices, members of Congress, and Supreme Court justices. (I don't know the best way to square courts carrying out the "rule of law" rather than succumbing to "rule of the fickle mob", but right now we've got the worst of both worlds)
Importantly, prosecute every member of the Trump administration for their blatant respective crimes.
I agree with you that the Republican party has failed the country by allowing this to happen. But I think we can still do better.
More "big picture" ideas would be to fundamentally alter the House and Senate, and implement score/ranked voting to allow a multiparty system.
For sure. Question is what would be enough to regain trust? I don't really see it happening
I mean if I had to choose between being ok with Jews or supporting Hitler, i can understand why people would pick Hitler. The election of Hitler was really quite an indictment of the Jews.
(I am not saying Trump is Hitler)
These are system problems. Think in systems. No different than having an abusive family you have to decouple from for self preservation, just at geopolitical scale. Capital, people, information are all mobile, and can relocate as needed. There is nothing on US soil that cannot be replaced or replicated elsewhere on the globe (besides perhaps national parks and other similar public goods, which can hopefully be protected until improved governance emerges). Please, challenge me on this if you think it's wrong, I've put much thought into it to provide guidance to others.
The only thing we had of value was trust (value of US treasuries and the dollar) in the rule of law and stability, and we burned it up. Humans are tricky. Get as far away as you can from harmful humans.
[1] https://news.gallup.com/poll/697382/record-numbers-younger-w... ("In 2025, 40% of women aged 15 to 44 say they would move abroad permanently if they had the opportunity. The current figure is four times higher than the 10% who shared this desire in 2014, when it was generally in line with other age and gender groups.")
[2] Global Trade Is Leaving the US Behind - https://www.bloomberg.com/opinion/articles/2026-02-12/on-tra... | https://archive.today/dsI9R - February 12th, 2026
States' Rights have been slaughtered by these false patriots.
It's completely foreign to the US or the Anglo-Saxon world in general. The military as the final guarantor of state security is a continental European thing (and removing this has been the goal of many army reforms in Europe since the end of WW2).
The US thinks it is the check for Europe but this offers no check for the leader of a superpower such as the US.
(It's apparently a flaggable offense to believe a legitimate republic is measured by making sense even if making sense goes against Anglo Saxon sensibilities since Cromwell.. I guess we can call time of death on the city on a hill.)
Is that because of scarcity? We’re manipulation? Or something else?
Y'all have proven how worthless that piece of paper is.
It’s not impossible for the USA to get there one day.
These things can be fixed even though it's difficult. Sometimes the pressure just boils over. Americans are a lot more defeatist about their politics than in many other democratic countries.
> Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Change that seems inevitable in retrospect often feels like a surprise in the moment. France its on its fifth republic. A second American republic is not impossible.
Au contraire, a Constitutional Convention of the states to define the way they can all agree to be united.
Just like the first time.
There weren't that many states back then anyway.
And I wouldn't mind if the American constitution did provide all of these tremendous benefits that everyone bangs on about all the time. That'd be great! But it turns out nobody's really tested that, until now.
And you get an F, my friend. Hard fail.
Which later constitutions do you grade higher? Who has stronger rights?
If you put 500 mock Constitutional conventions together at universities and cities across the country, I would polymarket my 401k that none of them would come up with the same structure we have today in the US. Many republics founded since 1791 have far better democratic structures than the US does. I call the US a semi-democracy because of our Senate, Electoral college, gerrymandered House districts and first-past-the-post voting.
Edit: I got "danged" so here is my response to the person below -
Consider the bill of rights and federal limits separately from the structure of government.
I believe France and Australia have better "democratic infrastructure" and I'm sure they aren't the only ones.
I don't know about trust but the constitution isn't what enabled this type of behavior, it's the legislature. They've been abdicating their duties to executive controlled bodies (FCC, FDA, FTC, EPA, etc.) and allowing the president to rule through executive action unchallenged. They could have stopped these tariffs on day one. SCOTUS isn't supposed to be reactionary, congress is.
The constitution has all the mechanisms in place to control the president, they just aren't being used by the legislature.
It's a tricky problem that has a number of proposed solutions. I'm not going to act like it's a silver bullet but I think open primaries in federal elections would go a _long_ way towards normalizing (in the scientific meaning) the legislature and allowing people who want to do the job, rather than grandstand, into the offices.
Even if part of the tariffs are rolled back, we may see other ones remain. And I bet they will not make it easy for people to get their money back, and force them into courts. Not that it matters. If people get their money back, it will effectively increase the national debt which hurts citizens anyways.
And let’s not forget the long-term damage of hurting all of the relationships America had with other countries. If Trump wanted to use tariffs as a tool for emergency purposes, he should have just taken action against China and made a case around that (pointing to Taiwan, IP theft, cyber attacks, etc). Instead he implemented blanket tariffs on the whole world, including close allies like Canada.
In the end, my guess is China and India gained from this saga. And the Trump administration’s family and friends gained by trading ahead of every tariff announcement. Americans lost.
This is kind of a bizarre whataboutism to throw in there. The current administration (with the full support of Congressional majorities in both houses that have largely abdicated any pretense of having their own policy goals) has been flouting constitutional norms pretty much nonstop for a year now and literally ignoring court orders in a way that probably no administration has ever done before, and yet the playbook they're following for extrajudicial activity apparently is from the Democrats? Just because there's bad behavior on both sides doesn't mean that the magnitude of it is equal, and in terms of respect for the rule of law the behavior of the current administration really has no comparison.
You can answer these questions for yourself and decide. But for me it’s clear that Democrats have repeatedly violated the first and second amendments and normalized those practices. They’ve played a part in creating the norms that now are exploited by the Trump administration. I consider these amendments to be way more important and consequential than a misuse of IEEPA.
I guess what I’m saying is the two sides are indeed comparable, even if I agree the Trump administration is a greater violator of laws and norms than anything before. And we shouldn’t ignore the rot on either side but instead strengthen the constitution to avoid these abuses.
What is the emergency with China?
By the neo-royalist [1]interpretation of the current administrations policies, many countries have either decided to pay for the royalty fee to get tariff exemption in a way aristocats in pre-Westphalian Europe dealed with each other. While other stuck with the idea that it's stil the country you do deal with, not royals/aristocats.
All those countries (like the Swiss giving Trump golden rolexes for appeasement) that bent their knee: are they now gonna roll it back or are they thinking that the US system is so compromised, current administration will just find another way to play the neo-royalist game, creating new policies similar to the tariff so that each side lose, and then carve out an exemption for "the buddies" of the administration (and if you don't pay the tithe, you shall lose)
[1] https://www.cambridge.org/core/journals/international-organi...
That said, I'm still a proponent of having the bulk of the federal budget based on tariffs and excise taxes. I don't like income and property taxes in general. I'd be less opposed to income taxes if there was truly a way to fairly leverage them, there simply isn't. VAT is at least more fair IMO. I also wouldn't mind a tax as part of leveraged asset loans (including cars/homes) with maybe a single exclusion for a primary residence and vehicle under a given price.
Also I’m sure that companies will pass the savings on to consumers in the form of lower prices. Right?
…right?
The food industries were seeing record profits at the same time of massive inflation, they were maximizing prices to see how much they could grow their wealth, while trying to minimize costs, decreasing quality and just absolutely abhorrent behavior all around.
I'm all for capitalism, but I strongly feel that the limitations granted to corporations by govt should come as part of a social contract that has largely been ignored completely. We should curtail a lot of the limitations granted and actually hold executives responsible for their decisions. We should also establish that "shareholder value" is not the only focus that companies should have. A corporation is not a person, that a corporation exists is fine, that they've been shielded from responsibility altogether in that limited liability now means you can literally destroy towns and executives and boards face no consequences is deplorable.
Governments should be limited, by extension the shields govt grants to corporations should similarly be limited. When the US constitution was written most corporations were formed around civil projects, then disbanded. Most companies were sole proprietorships or small partnerships. I think we need to get closer back to these types of arrangements.
https://www.cato.org/commentary/trump-has-many-options-supre...
https://www.myplainview.com/news/politics/article/trump-has-...
A step in the right direction, but there's a lot of progress yet to be made if we want to restrain the executive.
Congress is already completely in Trump's pocket. By doing it through Congress, Trump loses most of his bribery and bullying opportunities.
He further claimed that this ruling puts his tariffs on a more certain basis(?!) because now he'll use different statutes that have been solidly litigated already (... so why weren't you opting to use those in the first place, if it's truly better? You didn't need to wait on this ruling to do that!) and that the only effect this ruling will have is a brief drop to ~10% across-the-board tariffs while they do the paperwork to bump them back up again under these other statutes. He repeatedly characterized this is good news for his tariffs, while also complaining extensively about the court and insulting the justices in the majority.
Sure, if there is a huge tariff on something, the user might look for an alternative, causing lower sales and, therefore, damaging the source company and economy, but for many products there isn't really a US-available substitute.
Even if you're still making the same money per unit, tarriffs mean you sell fewer units. So many less that it's an existential threat to many businesses.
It would fix most of my country economy that needs to pay food in USD
sure man
So yes, i would say he's bad, and terrible for your country, both short, long, and very long term. Let alone the paedo stuff, the grifting, obama on the brain, tarrifs, ice...the economic jeopardy he's playing with the US is astounding to watch.
However, i am interested, as i am sure others are - in what way could he be considered 'good'?
Economy does well? Take credit for shepherding the economy past a hostile court.
Remember, in his narcissistic mind, Trump can never fail he can only be failed.
Instead he's now insisting he'll restart the tariffs under some even more flimsy interpretation of executive power.
i don't
Or is this just another "trump did illegal thing but nothing will happen" kind of scenario?
A typical pattern is the appeals court (of which scotus is one) clarifies the legal issues and send the case back to the trial court to clean up and issue specific orders.
https://www.cnbc.com/2025/09/02/cnbc-daily-open-trump-admini...
I think this issue is effectively dead at least until we see how the new majority shakes out in November.
But no. The court pretty much says the president decides what's an emergency, leading us to having 51 active emergencies [0], with one starting back in 1979 (in response to the Iran hostage crisis) and with Trump leading the pack with 11 of such declarations. Congress didn't say "the president can just decide and that's it", but that's what's happening because of the SC's deferential posture.
Deferring so much to the political sphere (which is the reason behind this posture) is leading to a much less stable and more "swing-y" country.
[0] https://en.wikipedia.org/wiki/List_of_national_emergencies_i...
Always useful to have a grasp on reality.
Kavanaugh's dissent is particularly peculiar as he wrote 'refunding tariffs already collected could be a “mess” with “significant consequences for the U.S. Treasury.”'
So, the justification is that undoing an illegal act is going to be unwieldy for the govt, so presumably, as a corollary, the govt must be allowed to continue doing illegal acts. This honestly reads as a blanket support for Trump personally, than any reasoned legal argument.
In the end, the people who bought products that paid more won't get it back... and who will receive the difference is the middle-men who will just pocket the difference profiting from both ends.
and, i'll bet, just the first of many
He’ll take credit for it too.
“This was the plan all along.”
- why no one in America is being charged
- why the files were so heavily redacted in violation of congress
- why the redactions were tailored to protect the names of some powerful people and not victims
Trump started talking about aliens yesterday. If the tariffs and aliens can't get people distracted from the Epstein filed then we'll be bombing Iran in 2 weeks...
The dissenters were Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh, with Kavanaugh authoring the principal dissent.[1][2][3]
Citations: [1] Supreme Court strikes down tariffs - SCOTUSblog https://www.scotusblog.com/2026/02/supreme-court-strikes-dow... [2] Learning Resources, Inc. v. Trump (Tariffs) - SCOTUSblog https://www.scotusblog.com/cases/case-files/learning-resourc... [3] Northwestern experts on SCOTUS decision in tariff case https://news.northwestern.edu/stories/2026/02/northwestern-e... [4] Learning Resources, Inc. v. Trump: An Empirical Breakdown of the Court’s IEEPA Tariff Decision https://legalytics.substack.com/p/learning-resources-inc-v-t... [5] Live updates: Trump vows new tariffs after 'deeply disappointing' Supreme Court ruling https://www.nbcnews.com/politics/supreme-court/live-blog/-tr... [6] Learning Resources, Inc. v. Trump | 607 U.S. - Justia Supreme Court https://supreme.justia.com/cases/federal/us/607/24-1287/ [7] [PDF] 24-1287 Learning Resources, Inc. v. Trump (02/20/2026) - Foxnews https://static.foxnews.com/foxnews.com/content/uploads/2026/... [8] Why a Republican Supreme Court struck down Trump's tariffs - Vox https://www.vox.com/politics/479919/supreme-court-trump-tari... [9] Learning Resources v. Trump - Wikipedia https://en.wikipedia.org/wiki/Learning_Resources_v._Trump [10] The Supreme Court has struck down Trump administration's use of ... https://www.reddit.com/r/LawSchool/comments/1r9y4z8/the_supr... [11] Supreme Court Strikes Down Use of Emergency Powers for Trump's ... https://www.agweb.com/news/supreme-court-strikes-down-use-em... [12] Supreme Court strikes down Trump's tariffs - NPR https://www.npr.org/2026/02/20/nx-s1-5672383/supreme-court-t... [13] Supreme Court Invalidates Executive Tariffs Under IEEPA https://www.currentfederaltaxdevelopments.com/blog/2026/2/20... [14] Live updates: Trump pans tariffs ruling, warns he can impose ... https://thehill.com/homenews/administration/5746060-live-upd... [15] Supreme Court strikes down most of Trump's tariffs in a major blow ... https://www.nbcnews.com/politics/supreme-court/supreme-court...
...Right?
They’re hands off so the president can clearly gather illegal taxes.
Then they change their mind. So what? The government gives the taxes back? Is that even possible?
Next step what? Trump does something else illegal and SCOTUS majority sits on their hands for a year or more?
SCOTUS majority’s deference to their guy has become absurd… the judicial branch is of no use…
The process takes time.
1. https://www.cnbc.com/2025/05/29/court-strikes-down-trump-rec...
2. https://www.cnbc.com/2025/08/29/trump-trade-tariffs-appeals-...
Illegally taxing billions from we the people? Should be addressed immediately.
And they have done that before….
If we lived in a functional society, one might expect that tarriffs could be refunded through the normal income tax refund process hinged upon supplying recipts of tarriffs paid. I do not expect this to happen in the USA.
He probably didn't say it either, its first appearance is in an 1860s book by Horace Greeley.
> Given that the phrase “adjust the imports”—again, in a statutory provision that did not use specific words such as “tariff ” or “duty”—was unanimously held by this Court in 1976 to include tariffs, and given that President Nixon had similarly relied on his statutory authority to “regulate . . . importation” to impose 10 percent tariffs on virtually all imports from all countries, could a rational citizen or Member of Congress in 1977 have understood “regulate . . . importation” in IEEPA not to encompass tariffs? I think not. Any citizens or Members of Congress in 1977 who somehow thought that the “regulate . . . importation” language in IEEPA excluded tariffs would have had their heads in the sand.
The roll-call vote for HB7738 (IEEPA) was not recorded [2], so we seemly can't confirm today how any sitting members voted at the time. But there are two members of Congress remaining today who were present for the original vote: Chuck Grassley (R-Iowa) and Ed Markey (D-Mass). They clearly both agree with the Court, while having different opinions on the tariffs themselves.
Statement by Grassley [3]:
> I’m one of the only sitting members of Congress who was in office during IEEPA’s passage. Since then, I’ve made clear Congress needs to reassert its constitutional role over commerce, which is why I introduced prospective legislation that would give Congress a say when tariffs are levied in the future. ... I appreciate the work [President Trump] and his administration are doing to restore fair, reciprocal trade agreements. I urge the Trump administration to keep negotiating, while also working with Congress to secure longer-term enforcement measures.
Statement by Markey after previous decision in August [4]:
> Today’s ruling in the U.S. Court of Appeals for the Federal Circuit makes it clear that President Trump’s chaotic tariff policy is illegal. ... Today’s ruling is an important step in ending the economic whiplash caused by Trump’s abusive tariff authority.
N=2 is scant evidence, but it seems like both sides of the aisle "had their head in the sand", or Justice Kavanaugh's historical interpretation is a bit off.
[1] p.127: https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf
[2] g. 22478: https://www.congress.gov/95/crecb/1977/07/12/GPO-CRECB-1977-...
[3] https://www.ketv.com/article/lawmakers-from-nebraska-iowa-re...
[4] https://www.sbc.senate.gov/public/index.cfm/2025/8/ranking-m...
- $TRUMP meme coin, down 87% from ATH
- $MELANIA meme coin, down 98% from ATH
- $WLFI, down 50% from ATH, with 4 Trump co-founders
The first two coins were actually hyped up so hard at launch that they drained liquidity from most of the crypto market because of people dumping everything to buy in
They exist as a way for money to be given to the Trump family in an legally obfuscated way. Most of that happens/happened right after launch.
Now let's wait for the retaliation of 'Team Orange Dictatorship'
They should’ve allowed an emergency injunction from the outset.
That wouldn't have given the opportunity for SCOTUS's financial backers to build up their profits first https://news.ycombinator.com/item?id=47089443
If you really think this, you're a rube.
Right, and thus because the Constitution gives congress the authority to levy tariffs, and the administration was usurping that authority, they violated the Constitution.
As hackers here are very intelligent but also very unwise, they find great enjoyment in double-think exercises and the resentment it gives them.
Where were they before Trump?
You can be for tariffs all you want, I'm not here to argue their efficacy. But you absolutely cannot with any intellectual honesty still be on the fence about whether he abused his power given this ruling.
It is not "flip flopping policy" to break the bounds of your Constitutional power and be shut down by one of the branches meant to check you.
If Trump wanted a durable trade policy, work with the legislative majority to pass a real policy with deliberation - just like they should have done with immigration.
So who else could be to blame for the flip-flopping?
The executive is supposed to uphold laws made by Congress, not throw spaghetti at the Supreme Court’s wall and see if it sticks.
Perhaps this is an overdue wakeup call, and a freak out is in order regarding this reality but unconstitutional tariffs alone were never going to solve this problem.
If only you knew how bad things really are.
> I'm for the tarrifs
What makes you think they are good?
The man has a lot of cheques to write for the 175 billion he stole illegally from foreign countries.
He raised tariffs illegally by 10% for most countries immediately, which triggered a bunch of negative economic effects around the globe in those countries directly tied to the illegal raise of those tariffs by who represents the United States of America.
Damages have to be paid to those countries and their companies.
Because those costs occurred from an illegal action. We do agree that if you do something the highest court has deemed illegal, if it caused damages to any party as direct result of that illegal action, the entity who suffered those damages should be entitled to claim damages, right?
A lot of companies had to deal with the same problems.
You can’t really plan exporting into a country that raises different amounts of tariffs basically over night depending on how his majesty, the king of the free world has slept the night before.
Someone needs to plan with the new realities, workers need to put in more hours, external expertise needs to be hired, all costs have to be evaluated, partners in the US might no longer be able to clear their inventory, new business terms need to be negotiated.
Don’t get me started about the Logistics troubles, but all of the above are costs which wouldn’t occur if the president had gotten legal advise from the Supreme Court about his economic plans before he did something illegal. Right?
So do you follow the law?
If yes, your conclusion needs to be that the president needs to write a lot of Cheques and probably needs the autopen. Because it weren’t only us importers and customers suffering from the presidents illegal action.
American citizens and American importers are not foreigner countries.
Don’t propagate or fall for trumps repeated blatant LIE that foreign countries pay tariffs.
They are direct taxes on Americans and American importers, the exporter does not pay it.
Please learn a bit about the incidence of taxation: https://stantcheva.scholars.harvard.edu/sites/g/files/omnuum... The main models supporting your view is where consumer income is exogenous and all firm profits are redistributed to the representative consumer as a lump sum transfer: https://www.ief.es/docs/destacados/publicaciones/revistas/hp...
Please avoid simplistic beliefs and moral outrage for things as complex as trade policy. The people who say that the incidence of taxation falls heavily on sellers may just be better informed, particularly when listening to wall street earnings calls while simultaneously looking at the consumer price data.