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The Tariff Power Properly Belongs with Congress
National Review ^ | May 29, 2025 | NR Editors

Posted on 05/29/2025 1:20:02 PM PDT by karpov

We have been frequent critics of Donald Trump’s tariffs, but we understand that there is a case to be made for reconsidering some of our trade policies. The place to make that case is Congress — not by unilateral presidential declaration of open-ended worldwide “emergencies.” The Founders rebelled against taxation without representation; they did not mean for the executive to control the duties on all imports by daily whim.

It is Congress that was granted power by the Constitution to “lay and collect Taxes, Duties, Imposts and Excises” and to “regulate Commerce with foreign Nations,” and for good reason. It is Congress that can set policies that are stable and predictable for business, our allies, and our adversaries. The representative branch’s policymaking may not be pretty, but it includes the greatest number of people in the most deliberative fashion in balancing competing policy concerns and getting buy-in from people likely to face the voters again soon. That’s how we have always set tax policy, and tariffs are nothing if not taxes.

Unfortunately, Congress has been in the habit of handing over much of its taxing power to the executive in the area of tariffs, and the courts since 1928 have supinely accepted this state of affairs. They shouldn’t. The least they can do is prevent presidents from seizing authorities that Congress hasn’t delegated. That’s what the Court of International Trade did on Wednesday in ruling that Trump improperly invoked emergency tariff powers under the International Emergency Economic Powers Act of 1977 (IEEPA).

The court struck down three sets of Trump tariffs as unauthorized by emergency declarations under the IEEPA: the 10 percent global tariff on all imports, the “liberation day” retaliatory tariffs, and tariffs on China, Canada, and Mexico that were premised on a presidentially declared fentanyl-trafficking emergency.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Editorial; Government
KEYWORDS: freetraitors; nationalrespew; nationalreview; nationalrino; nevertrumpingtroll; tariffs; zot
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1 posted on 05/29/2025 1:20:02 PM PDT by karpov
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To: karpov

This doesnt age well. The appellate court just overturned the weasal circuit court


2 posted on 05/29/2025 1:21:21 PM PDT by neverbluffer
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To: karpov

aren’t these the same jagoffs that wrote a huge editorial bashing Trump in 2016? How can they even show their faces now?


3 posted on 05/29/2025 1:23:28 PM PDT by imabadboy99
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To: neverbluffer

I was watching Laura Ingraham last night when this story broke. Her guest was Senator Kennedy from Louisiana. He said the President has the power to deal with tariffs because Congress gave it to him.


4 posted on 05/29/2025 1:23:52 PM PDT by shelterguy
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To: karpov

all they care about is their precious globalism / ‘free’ trade and the almighty dollar. Sick mofos.


5 posted on 05/29/2025 1:24:11 PM PDT by imabadboy99
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To: imabadboy99

NR were also big advocates for the needless, incredibly destructive War in Iraq. Their editors should be tasked to tour the deserts to find the nonexistent WMDs.


6 posted on 05/29/2025 1:25:57 PM PDT by laconic
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To: karpov

When is the last time the NR editors were right about anything?


7 posted on 05/29/2025 1:26:23 PM PDT by 9YearLurker
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To: karpov

In principle I probably agree. In reality Congress are a bunch of punk *$$ 8******$ that abdicated everything important to the executive, and where oversight means either asking lame questions on the house floor or attacking federal agents outside of jails. Asking them to be in charge of tariffs just gives them more people to shake down for fundraising and jobs for their family members


8 posted on 05/29/2025 1:26:29 PM PDT by monkeyshine (live and let live is dead)
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To: neverbluffer

No, it was a temporary stay.


9 posted on 05/29/2025 1:27:08 PM PDT by karpov
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To: karpov

The National Review editors properly belong face down in a washtub full of sewage.


10 posted on 05/29/2025 1:28:29 PM PDT by Nervous Tick (Hope, as a righteous product of properly aligned Faith, IS in fact a strategy.)
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To: monkeyshine

“Congress can’t be trusted, so let the President act” is how the left justified Biden and Obama taking unilateral action to reduce hydrocarbon usage to avert global warming. Conservatives rightly decried that logic, and they should not use it to support Trump unilaterally imposing tariffs, which are taxes.


11 posted on 05/29/2025 1:30:22 PM PDT by karpov
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To: monkeyshine
In principle I probably agree.

Me too. Constitutionally, Congress has the power to do tariffs. And Congress gave some of that power to the President. Until Congress rescinds that power from the President, Trump has the authority to do what he's doing.

As I put it in https://freerepublic.com/focus/news/4319730/posts?page=23#23:

Here's what I see in the Trade Act of 1974:

Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.
(c) SCOPE OF AUTHORITY.—
(1) For purposes of carrying out the provisions of subsection (a) or (b) or section 306(c), the Trade Representative is authorized to—
.
.
.
(B) impose duties or other import restrictions on the goods of, and, notwithstanding any other provision of law, fees or restrictions on the services of, such foreign country for such time as the Trade Representative determines appropriate;

12 posted on 05/29/2025 1:31:50 PM PDT by Tell It Right (1 Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: karpov

Yeah sure, congress couldn’t even decide which direction to wipe their collective butts...or even agree on where to buy the TP.


13 posted on 05/29/2025 1:38:20 PM PDT by right way right (“May we remain sober over mere men, for God really is our only true hope.)
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To: neverbluffer

They were not overturned. The decision was stayed for now.


14 posted on 05/29/2025 1:41:02 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: karpov

Oh stuff it you child molesting losers.

L


15 posted on 05/29/2025 1:41:33 PM PDT by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: laconic

NR despises Trump. Nothing they say has any credibility


16 posted on 05/29/2025 1:43:02 PM PDT by iamgalt
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To: karpov

I am so old I remember when the NR was conservative.

I also remember when it jumped the shark, putting Myth Romney on the cover and pushing that loser.


17 posted on 05/29/2025 1:44:13 PM PDT by TheThirdRuffian (Orange is the new brown)
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To: karpov
We have been frequent critics of Donald Trump’s tariffs, but we understand that there is a case to be made for reconsidering some of our trade policies. The place to make that case is Congress — not by unilateral presidential declaration of open-ended worldwide “emergencies.”

Congress is non-functional. It is a cesspool of bribed officials who do what is best for the people paying them and not what is best for America.

The system has been compromised to the point of non functionality. Anyone suggesting we rely on "congress" is actually saying the problem is unsolvable.

18 posted on 05/29/2025 1:47:01 PM PDT by DiogenesLamp (`)
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To: karpov
"National Review". Yadda yadda yadda. Talk to the hand.

19 posted on 05/29/2025 1:48:55 PM PDT by Governor Dinwiddie ( O give thanks unto the Lord, for He is gracious, and His mercy endures forever. — Psalm 106)
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To: imabadboy99

GLOBALIST Review


20 posted on 05/29/2025 1:51:32 PM PDT by cowboyusa (YESHUA IS KING OF AMERICA, AND HE WILL HAVE NO OTHER GODS BEFORE HIM!)
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