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Author: Zhibensha
Just now, the U.S. Supreme Court voted 6:3 to reject Trump’s global tariff policy.
This is Trump's biggest policy setback since taking office.
Trump responded immediately. He had just signed an order to impose an additional 10% import tariff on all countries for 150 days.
This ruling constrained Trump’s tariff stick, and he only has four tariff cards in his hand: the familiar Section 232 of the Trade Expansion Act of 1962 and Section 301 of the Trade Act of 1974; and Section 122 of the Trade Act of 1974 and Section 338 of the Tariff Act of 1930, which have not yet been activated.
What was the Supreme Court's rationale for this ruling?
The first is the power to "regulate imports" granted to the President by IEEPA, including "investigation, freezing during investigation, supervision, command and enforcement, abolition, invalidation, prevention or prohibition of imports or exports, but there is no expression about tariffs (tariffs) or taxes (duties).
In other words, Trump can ban imports based on IEEPA, but cannot impose tariffs. There is no other way. Taking the lawsuit to the Supreme Court is just a matter of picking words, and it cannot be done without the authorization of the law.
Second, IEEPA was launched under national emergency conditions, and the United States is currently not at war with any country in the world. The U.S. government has to admit that the president does not have the inherent power to impose tariffs in peacetime.
However, if you read the full text of the ruling carefully, you will find a deeper reason: to limit Trump (President)’s power.
Trump's series of actions since taking office have caused concern in the United States and the international community. The Democratic Party, Congress and other governments all hope that there will be some force to contain Trump.
The U.S. Constitution has set up a political system with separation of powers. The duty of the justices is to defend the Constitution, and ruling based on the Constitution is the best way to limit Trump's power.
The justices cited Article I, Section 8 of the Constitution, which states: “Congress shall have the power to lay and collect taxes, duties, import duties, and excises. ” Alexander Hamilton explained that the power of taxation was “the most important of the powers proposed to be delegated to the Union.”
The Framers recognized the unique importance of the power to tax, so they provided that "only" Congress should have "the power to take the public treasury," that is, "without taxation without representation" (Federalist 48, p. 310 J. Madison).
Article I, Section 7, Clause 1 of the United States Constitution ensures that only the House of Representatives can "promote supplies necessary for the support of the Government, thereby abridged from all the excessive prerogatives of the other branches." Section 19 of the Declaration of Independence requires that “all bills for imposition of taxes shall be instituted by the House of Representatives.”
The justices found that the "broad authority" currently being asserted by the president "strongly demonstrates" that these tariffs exceed the scope of the president's legitimate authority.
This ruling shows that this president is not that emperor, and Trump cannot escape the constraints of the American system. This also made many people believe again that the American system is effective.
Finally, I ask a question: What are the problems with the American system? A person who is concerned about or worried about the progress of human civilization really needs to think about this issue.