Posted on 09/01/2025 4:02:39 PM PDT by E. Pluribus Unum
OPINION:
The Federal Circuit’s majority decision striking down President Trump’s emergency tariffs is a poster child of weaponized partisan injustice. The powerful dissent provides a clear road map for the Supreme Court to follow when it takes up the issue in October. That road map affirms what should be obvious: Mr. Trump acted squarely within his lawful authority under the International Emergency Economic Powers Act.
On the politics, six of the seven judges in the majority were appointed by Democratic presidents. Not a single Trump appointee sits on the Federal Circuit.
The states lined up against the tariffs form a solid blue bloc, each led by a Democratic governor and a Democratic-dominated legislature.
The importer plaintiffs are small, import-dependent businesses reliant on Chinese and other foreign supply chains. Their lawsuits are being advanced by legal nonprofits that have received significant funding from Koch-aligned philanthropies and other conservative megadonors. Some of this support has flowed through donor-advised funds, often described by watchdogs as “dark money.” Koch-aligned groups have publicly opposed tariffs for years.
On the law, this case boils down to three questions: Do fentanyl trafficking and massive trade deficits constitute national emergencies? Is imposing tariffs a legitimate way to “regulate” imports? Are Mr. Trump’s tariffs, as the majority claims, “permanent” overreach under IEEPA?
At stake is whether the president of the United States retains the tools to defend this nation, whether against the cartel-driven flood of fentanyl from China or the chronic trade deficits that hollow out factories, destroy jobs, weaken supply chains and leave America vulnerable to foreign coercion.
The national emergency test
For a president to act under IEEPA, there must be an “unusual and extraordinary” threat with its source outside the U.S., a formal emergency declared under the National Emergencies Act and measures used strictly to deal with that threat. Mr. Trump’s...
(Excerpt) Read more at washingtontimes.com ...
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Congress has been signing over their powers for decades and decades.
They are lazy and risk adverse.
When war comes it is usually because the US was involved. In fact, in the foreign press evertime time a conflict breaks out, they point back to the US. Cases in point are the US coup in Ukraine, the Gerogia meddling that EU/NATO membership talk emboldened the Gerogians to attack Russian peace keepers which in turn Russia whacked them back in 2008. And before you push back, do some research as to what actually happened and not the BS narratives so prevalent in the western press.
Now the comeing wars. Why are wars fought, aside from the bankers? It is usually said to be rooted in resource disputes or being cut off from resources... or land disputes.
Why is there a Georges Sores Paper, and then all the NEO-CON supporting documentation that stated Russia should be broken up, using Ukraine, back in 1999. Did that plan come to fruitation? Sores claimed that the Resources in Russia were necessary for the West to contine their lifestyles and economic development.
How did a US coup which in turn put right wing natioanalists, literally a 5% part of the entire population, decides to wipe out the Russian language. Eventually the Ukrainian military built up by NATO and US under US General Officer leadership - somehow labled all the Russias who did not accept the Coup and ban of Russian language as Terrorists. Then they started killing those people who broke away from the Kiev regime. Alternative view on the origins of this conflict maybe if you are in the west and rely on the MSM here. Russia came in to protect those Russian people. Ten years of NATO provocations finally baited Russia in taking action against a Ukrainian military that was over twice the size of the Russian armed forces worldwide. Why did Ukraine require four time the combat forces Russia possessed. Whey did Zelinski quip several times in 2022 that his tanks would be in Moscow? What led a leader of a country to believe he was going to defeat Russia.
Maybe Russia had God on their side after the nationalists decided to ban and destroy the Russian Orthodox church? Certainly those Godless Communists from the Cold War could not have had a come to Jesus moment between 1989 and 2000/2022. Maybe hard times led Russia to becoming one of the most devout christian nations on earth; they have more people attending church per population than the US today. Okay, we’ve got the religious part out of the way and nothing here to explain how Russia defeated Ukraine.
NATO promised, as now documented in released USG/EU and EUropean national archieves that Gorbachev, the US Hack Yelsten, and all the way to 2000/2001 when Putin came to power every Russian leader was promosied NATO would not expand eastward - yet NATO did just that as a matter of US policy.
Going all the way back to the origins of the Ukraine interference by the western NGOs and USG, Putin maintianed that Ukriane was to remain neutral as per their constitution. Yet NATO did led Ukraine, as was done with Georgia in 2007/8 that they would be NATO members. At the same time governments were turned against Russia and those installed governments began their pathway to NATO, Putin warned the west.
In December 2021 and then again in January 2022, the US told Russia we would put American missiles in Ukraine pointed at Moscow - in January 22 VP Harris was there will Blinken who told the Russians that “American will do whatever we want in NATO friendly countries and that there was nothing Russia can or could do to prevent US Missiles deployed to Ukraine, expect to complain and maybe beg for a reduction in numbers.” Go figure that the following week the SMO was launched.
SMO was launched with 190,000 Russian soldiers, yet Ukraine had 800,000 on active duty and another 400 in NG/Reserves - but wait - the NG did not include the AZOV brigades, nor did they yet have 100,000 police nationalized into combat units in 2023. Thus Putin did not attack to have a war, but to try to force the Kiev regime to not contine the NATO quest, and to pre-empt the NATO directed 500,000 Ukrainian offensive that was set to kick off in Feb 22 against the Donbas - this would have defeated the Russians in Ukraine. Yet Putin attempted to stop NATO.
NATO and the US/EU once a conflict was started would not let Russia withdraw per the agreement and attacked the withdrawing Russian forces - pushing them hard during the Summer of 2022 into the fall. The Russian’s fought a delay action back to a defensible positons which held in Summer/Fall of 2023 when Ukraine marshalled 200,000 soldiers in an attemp to capture Crimea.
Now that the war could not be ended by agreement, Russia defeated the 2023 offensive and in Oct 23 they went over to the offensive against the broken and spent Ukrainian assault groups.
In Dec 23 they tested for the first time the FAB glide bomb kits in 250/500 configurations. In mid-Jan 2024 the Russian began using FABs in what has since become a one sided affair when FABs destroy NATO build fortifications one by one. In July 24 Russian drone factory’s began production of 1000 drones a day - and in early August they made their presence felt in the conflict. This was the second major innovation by Russia in weapons and tactics. Today Russia produces up to 2700 drones a day, not the little civilian four prop driven camera drones with artillery shells, but combat drones - today they product gas and jet powered drones as well as fiber optic drones. The Kinsel missles were being produced at a rate of 30 a month by mid 2023 and into early 2024 - today they produce about 100 variants a month as of Jan 25; the Oresnik 6x6=36 independent warheads started production in Sept 24 and they fired one with dummy plasma nonexplosive projectiles in Oct 24 - seemingly ending the Biden misisle campagin against Moscow. By Jan 25 they were producting 7 - 10 a month; by Jun 25 they produced 30 per month and today they may be producing 100 per month; Russia is planning to deploy 10 Brigades of them in Ukriane and one in Belarus, plus a training unit.
Today, Russia is winning the war and they are not on a wartime economic footing - which is when the economy is comes under the military for war effort, but rather they are fighting what amounts to a police action in Ukraine and winning.
How did NATO fail? Obama purged the General Officer corps in 2008 and the war planning was developed prior to the DOD beoming Woke. The Woke who Never Earned It, could not implement serious war plans. Zelinski and the Ukrainian braintrust also made this a war of ethenic cleansing - thus becoming more than just an extrasenal threat for Russia, it became a matter of blood.
There or more wars coming. This is because Trump is executing a Trade War against Brics. The US led effort to isolate and destroy the Russian economy failed. Russia was cut off from Swift, from EU trade (except for Oil) and from teh US. Trump tried to hit China but quickly found our auto industry could not sustain production without Chinese products and materiel - China promply halted dual use minerals from being exported, and when they did approve it they raised the prices 60.1% - thanks Trump.
Today India is being blamed by the dumb trade advisor at the White House - who says the war runs thru New Deli and Mumbai... yet the EU is still importing Russian energy in the amount that actually funded all Russian military operations in Ukraine.
Russia is still conducting a polic action level SMO. They are getting what they want - destruction of the AFU and defeat of NATO who is facing a recession this year end.
Will the US provoke wars becasue we will no longer have trade relations with countries that we have put 50% or 500% sanctions on - per Lindsay two shoes (red high heels) Graham?
I call what Trump is doing with so called Tariff’s to actually be SANCTIONS. Trump is imposing these bone crushing tariffs to augment the 19 Sanction packages against Russia. Why, because Russia is totally cut off from Trade with the West by the West’s own hand.
Why did the rest of the world, the non-aligned and the Global South break in great numbers with the West and the US? In part due to weaponization of the USD based trade; but in actuality because of the Frozen and now Stolen Russian Assets. The rest of world noticed in real time how the EU and US justified the outright theft of foreign assets and the west breaking international law in doing so - with impunity. Thus the SCO and Brics are jelling together and expanding with a Chinese bank to fund a new international trade order outside the USD.
The US went to war in Iraq or Hussain’s Gold Dinar and free loans to Africa - look that one up. The US also killed Kadaffi and raped Lybia due to his Godl Dinar and free loans to Africa. Do you notice a trend here.
If you notice a trend, then the SCO and Brics Trade Bank announced today in China at the Brics/SCO summit will trigger a war by the hand of the United States.
So in a nutshell, it has always since Bill Clinton been a war of our choosing, using NATO and the Willing.
Trump was elected to end a war and end the lawfare domestically. He is delivering on the lawfare and Russian Hoax - but Ukraine disengagement for Trump is nearly impossibly due to those same forces.
The SCOTUS ruling on Trade is going to be yet another decision that leaves the world scratching it’s head, and Trump free to Sanction under the the BBB - where he had limited Tariff power prior to Lindsay Graham’s bill, the BBB. Now Trump is arguing that it is national security at risk - but he is trying use tariffs as second nation sanctions against Russia - and I doubt SCOTUS will decide Trump is leading the US to yet another war by his initiation of the Trump Trade Wars.
There is no shortage of umbras and penumbras to interpret…..
The Constitution gives Congress the power "To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States."
Does this make the DC Home Rule act unconstitutional? Can Congress delegate to a DC Council and a Mayor the power to make laws for the operation of DC, or do those laws passed by the City Council violate the Constitution's "exclusive legislation" power that was given to Congress, and ONLY Congress for managing DC?
Additionally, the Constitution grants Congress the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Doesn't this imply that if Congress finds it necessary to delegate some of its duties and imposts powers to the Executive to allow him to be more responses to swiftly occuring foreign affairs, that it is Constitutional for it to do so?
Doesn't this last clause in Article I Section 8 give Congress the power to delegate its own powers (all other Powers vested by this Constitution) to the Executive that are necessary and proper in order execute the laws passed by Congress?
-PJ
Congress has passed on its powers to the Executive branch and also to the bureaucracy and the Federal Reserve time and time again
Yeh name the person in Congress who would literally be responsible for imposing duties on a foreign government…hint there isn’t one. Unless you think Mike Johnson runs the foreign policy of the United States
It’s 2029, Newsom is potus, or perhaps AOC.
A climate emergency is declared under IEEPA, imposing prohibitive tariffs on all fossil fuels, and gas powered cars.
Also, an IEEPA gun violence emergency tariff hits all guns, gun parts and ammo.
Everyday is an emergency to these people.
I read the IEEPA and it doesn’t say anything about tariffs. It give the pres power to restrict imported items. I agree with the district court. Trump needs to come up with a better rational.
Congress cannot sign over its constitutional powers to the Executive Branch of the U.S. government.>>> I agree and the IEEPA does not mention tariffs. It only restricts the importation of things like chinese tv’s that blow up.
Trade Act of 1974 gives potus tariff authority. If you need help reading then seek help.>>>
Trump’s executive order uses the IEEPA which does not give him the power to levy tariffs.
The federal government is cumbersome and inefficient BY DESIGN. The whole system of checks and balances was designed to keep the federal government as small as possible.
“Nobody should be surprised — or disappointed — that important legislation is damn near impossible to pass.
The federal government is cumbersome and inefficient BY DESIGN. The whole system of checks and balances was designed to keep the federal government as small as possible.”
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An excellent point. The Founders didn’t create an “efficient” form of government. They created a competitive form of government, in which each branch is able to hold the others in check.
Given the approach Thomas and Alito have taken to the “administrative state,” it’s hard to believe anyone here thinks congress can delegate its authorities. That’s been the whole legal theme under the cases limiting the authority of multiple federal agencies, most recently the CFPB.
Exactly. There seem to be far too many folks here on FR whose partisanship overrules their brains. They'll only remember the importance of constitutional law when it's a President Autpen or President Harris imposing the tariffs in ways they don't like.
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