Tag Archives: International Emergency Economic Powers Act (IEEPA)

When Reporting Leaves The Important Parts Out

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On Sunday, The Gateway Pundit posted an article about the Supreme Court’s decision regarding tariffs. What we have heard in the media is not entirely correct.

The article reports:

Many media outlets are reporting that the Supreme Court ordered President Donald Trump to stop levying tariffs. However, the reality is more nuanced and does not prevent Trump from imposing tariffs altogether. The Court ruled only that he could not levy tariffs under the International Emergency Economic Powers Act (IEEPA); however, the president has several other options available.

The Supreme Court struck down President Trump’s emergency tariffs imposed under IEEPA, ruling that he had exceeded his authority. For his broadest actions, including the “Liberation Day” reciprocal tariffs and the “Trafficking Tariffs” on Mexico and Canada, the administration argued that because IEEPA permits the president to regulate importation during a national emergency, he could unilaterally impose tariffs.

The Court rejected that argument. Chief Justice John G. Roberts Jr. wrote that the power to regulate does not automatically include the power to tax, which is what a tariff is, and that if Congress intended to grant such taxing authority, the statute needed to explicitly reference tariffs or duties. Because IEEPA does not, those specific tariffs were ruled unlawful.

Within hours of the decision, President Trump invoked Section 122 of the Trade Act of 1974, announcing a new global tariff initially set at 10 percent and later raised to 15 percent. That provision authorizes import surcharges of up to 15 percent to address serious balance-of-payments deficits for 150 days. The temporary authority gives the administration time to design replacement measures and signals that tariff policy will remain unsettled as congressional elections approach.

The problem was not the tariffs–it was the law used to justify them.

The article concludes:

The Court’s ruling was narrow. It limited the use of IEEPA but did not eliminate other statutory authorities. Section 232 of the Trade Expansion Act permits tariffs on goods that threaten to impair national security, and the Court did not address that authority. Section 301 of the Trade Act of 1974 authorizes tariffs in response to unfair trade practices, including intellectual property theft. Both remain legally available.

By shifting its rationale to Section 232 and other statutes, the administration is positioning these tariffs to withstand future court challenges, arguing that national security includes secure borders, resilient supply chains, and protection against adversaries that benefit from U.S. markets.

Stay tuned.

This Chess Game Isn’t Over

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I am writing this article Friday morning. The Supreme Court has just struck down President Trump’s tariffs. I have been told by an extremely good lawyer that this is not the end of the tariffs–it is only the beginning of enacting them through different laws that give the President the authority to enact them,

On Saturday, The Post Millennial posted an article about the Supreme Court decision.

The article reports:

President Donald Trump on Friday said that he will still be imposing tariffs following a ruling from the Supreme Court that blocked his tariffs issued under the International Emergency Economic Powers Act (IEEPA), announcing that an additional 10 percent global tariff will be imposed under the Trade Act of 1974. 

“So we can use other of the statutes, other of the tariff authorities, which have also been confirmed and are fully allowed,” Trump said. “Therefore, effective immediately, all national security tariffs under Section 232, and existing Section 301, tariffs … remain in place, fully in place, and in full force and effect.”

“Today, I will sign an order to impose a 10 percent global tariff under Section 122, over and above our normal tariffs already being charged,” Trump added in reference to the Trade Act of 1974. The comments come after the Supreme Court ruled 6-3 that the president does not have the power to impose tariffs on countries using the IEEPA.

The article notes:

The three justices who dissented included Samuel Alito, Clarence Thomas, and Brett Kavanaugh, with the latter penning the opposing opinion. The court’s majority decision, penned by Chief Justice John Roberts, said, “The Government reads IEEPA to give the President power to unilaterally impose unbounded tariffs and change them at will. That view would represent a transformative expansion of the President’s authority over tariff policy. It is also telling that in IEEPA’s half century of existence, no President has invoked the statute to impose any tariffs, let alone tariffs of this magnitude and scope.”

The Supreme Court has just created a mess. There will be umpteen lawsuits brought by the people who paid the tariffs wanting their money back. America needs the tariffs to begin to balance the budget. Congress is totally unable to agree on anything and is not capable of passing tariffs. This is an unnecessary wrench thrown into the America economy by a Supreme Court Chief Justice who declared Obamacare a tax in order to let it go through. I truly wonder about that man’s motives.