Skip to content
Project 2025
Donate to support
diverse voices
Search

Latest Stories

Follow Us:
Top Stories
Cargo containers piled on each other.

The Facts on U.S.–Canada Tariffs Nearly One Year Into Trump’s Plan

We Are Still Afraid to Name Them Because Nothing Happens When We Do

We Are Still Afraid to Name Them Because Nothing Happens When We Do

Why the GOP Needs to Help Prevent Pres. Trump from Interfering in the November Election

Why the GOP Needs to Help Prevent Pres. Trump from Interfering in the November Election

East Wing's Demolition Highlights U.S. Construction Waste Problem

East Wing's Demolition Highlights U.S. Construction Waste Problem

When Separation of Powers Becomes a Suggestion

When Separation of Powers Becomes a Suggestion

America in search of itself

America in search of itself
Getty Images
Dave Anderson
By Dave AndersonMay 02, 2023
Dave Anderson
See More Writings by author

Anderson edited "Leveraging: A Political, Economic and Societal Framework" (Springer, 2014), has taught at five universities and ran for the Democratic nomination for a Maryland congressional seat in 2016.

Americans after World War II felt a strong sense of national unity and moral superiority. We fought with our allies against German, Italian and Japanese enemies we believed were morally depraved, and we positioned ourselves on a moral pedestal. The Cold War led us to build up arms against our USSR allies, and this 45-year massive effort kept Democrats and Republicans in Washington positioned on the pedestal even as we engaged in a brutal ideological, economic, and social battle over the nature of our capitalist society.

There was always dissent in the country, notably the progressive young Americans who protested against the Vietnam War and supported politicians ranging from Eugene McCarthy to Robert Kennedy and Malcolm X. Still, the vast majority of Americans believed in the basic moral superiority of the United States and the moral depravity of the Soviet Union and its communist ideology.

Since the end of the Cold War we have become very fragmented as a nation with respect to the basic question of how we fit into the world. Certainly since 2016 when Donald Trump became president the country has developed a large segment of the population who see America as the leader in the world but from an America First perspective. This perspective shares the concept of America on a moral pedestal with our post World War Il and Cold War perspectives, but it broke away from the standpoint that saw the United States engaged in a common political and economic venture with our NATO allies in Europe and Japan, South Korea, India and other Asian allies.

Not all Republican politicians and citizens have embraced the America First ideology. Democrats in Washington and citizens who identify as Democrats, which is roughly about 30 percent of the country (which is a bit more than Americans who identify as Republicans), are themselves divided over how they view the country's place in the world. Bill Clinton and Barack Obama struggled to position us as an indispensable nation, a leader among world leaders. Yet it was never clear what precisely this meant.

What we must accept is that there is not going to be any concept of the country and its destiny that will be embraced by 80 or 90 percent of the country in the near future. We are plainly too fractured to achieve that sense of national unity and destiny. We need a concept of ourselves that 60 to 70 percent of the country can embrace. That is what America must search for in the years ahead.

A natural place to start is with the 40 percent of Americans who, according to Gallup, do not identify as either Democrats or Republicans. They identify as Independents. These Independents are quite a mixture of libertarians, Greens, moderates and creative thinkers who want synthesis and out of the box thinking. What unites them is their disappointment and even disgust with our politics in Washington and the rise of hostility and overall incivility in our culture at large.

This group of American adults, maybe 100 million Americans, can be a source of hope, love and commitment to one America. Leaders must listen to them, as they are not organized and have no clear leaders. These independents, though, can help pundits, the media and politicians with the very challenging task to craft a concept of America that will weave together important strands of Democratic and Republican doctrines without incorporating the one-sidedness and anger of the two parties today.

America can retain its distinctive place in the world, yet not because it is the land of liberty or the land of equal opportunity or the place of religious toleration. Our place on the world stage can no longer be reduced to a single master value.

Instead, it must revolve around our acceptance of the irreconcilable conflict between leading democratic values, notably between economic freedom and economic equality. Although Independents do not occupy the same place on the political spectrum, most do not sit on the polarized left and right sides of the spectrum. America's place in the world and its destiny should therefore come from this diverse group of dissenters. They can, moreover, draw their inspiration from the founders who made up only about a third of the colonists.

The Independents are our centrist identity more than the purists in either party. They also have an attitude of brotherhood and sisterhood which can bring us together. These Independents plus those Democrats and Republicans who are more moderate than purists can get us to 60 or even 70 percent of the country.


Latest news

“Pulling Donald Trump’s Teeth”
Ethics & Leadership

“Pulling Donald Trump’s Teeth”

Trump & Hegseth gave Mark Kelly a huge 2028 gift
Elections

Trump & Hegseth gave Mark Kelly a huge 2028 gift

Powering the Future: Comparing U.S. Nuclear Energy Growth to French and Chinese Nuclear Successes
Media & Technology

Powering the Future: Comparing U.S. Nuclear Energy Growth to French and Chinese Nuclear Successes

Read More

a grid wall of shipping containers in USA flag colors

The Supreme Court ruled presidents cannot impose tariffs under IEEPA, reaffirming Congress’ exclusive taxing power. Here’s what remains legal under Sections 122, 232, 301, and 201.

Getty Images, J Studios

Just the Facts: What Presidents Can’t Do on Tariffs Now

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.


What Is No Longer Legal After the Supreme Court Ruling

  • Presidents may not impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Court held that IEEPA’s authority to “regulate … importation” does not include the power to levy tariffs. Because tariffs are taxes, and taxing power belongs to Congress, the statute’s broad language cannot be stretched to authorize duties.
  • Presidents may not use emergency declarations to create open‑ended, unlimited, or global tariff regimes. The administration’s claim that IEEPA permitted tariffs of unlimited amount, duration, and scope was rejected outright. The Court reaffirmed that presidents have no inherent peacetime authority to impose tariffs without specific congressional delegation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • The president may not use vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language—such as IEEPA’s general power to “regulate”—cannot be stretched to authorize taxation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • Presidents may not rely on vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language, such as IEEPA’s general power to "regulate," cannot be stretched to authorize taxation or repurposed to justify tariffs. The decision in United States v. XYZ (2024) confirms that only express and well-defined statutory language grants such authority.

What Remains Legal Under the Constitution and Acts of Congress

  • Congress retains exclusive constitutional authority over tariffs. Tariffs are taxes, and the Constitution vests taxing power in Congress. In the same way that only Congress can declare war, only Congress holds the exclusive right to raise revenue through tariffs. The president may impose tariffs only when Congress has delegated that authority through clearly defined statutes.
  • Section 122 of the Trade Act of 1974 (Balance‑of‑Payments Tariffs). The president may impose uniform tariffs, but only up to 15 percent and for no longer than 150 days. Congress must take action to extend tariffs beyond the 150-day period. These caps are strictly defined. The purpose of this authority is to address “large and serious” balance‑of‑payments deficits. No investigation is mandatory. This is the authority invoked immediately after the ruling.
  • Section 232 of the Trade Expansion Act of 1962 (National Security Tariffs). Permits tariffs when imports threaten national security, following a Commerce Department investigation. Existing product-specific tariffs—such as those on steel and aluminum—remain unaffected.
  • Section 301 of the Trade Act of 1974 (Unfair Trade Practices). Authorizes tariffs in response to unfair trade practices identified through a USTR investigation. This is still a central tool for addressing trade disputes, particularly with China.
  • Section 201 of the Trade Act of 1974 (Safeguard Tariffs). The U.S. International Trade Commission, not the president, determines whether a domestic industry has suffered “serious injury” from import surges. Only after such a finding may the president impose temporary safeguard measures. The Supreme Court ruling did not alter this structure.
  • Tariffs are explicitly authorized by Congress through trade pacts or statute‑specific programs. Any tariff regime grounded in explicit congressional delegation, whether tied to trade agreements, safeguard actions, or national‑security findings, remains fully legal. The ruling affects only IEEPA‑based tariffs.

The Bottom Line

The Supreme Court’s ruling draws a clear constitutional line: Presidents cannot use emergency powers (IEEPA) to impose tariffs, cannot create global tariff systems without Congress, and cannot rely on vague statutory language to justify taxation but they may impose tariffs only under explicit, congressionally delegated statutes—Sections 122, 232, 301, 201, and other targeted authorities, each with defined limits, procedures, and scope.

Keep ReadingShow less
With the focus on the voting posters, the people in the background of the photo sign up to vote.

Should the U.S. nationalize elections? A constitutional analysis of federalism, the Elections Clause, and the risks of centralized control over voting systems.

Getty Images, SDI Productions

Why Nationalizing Elections Threatens America’s Federalist Design

The Federalism Question: Why Nationalizing Elections Deserves Skepticism

The renewed push to nationalize American elections, presented as a necessary reform to ensure uniformity and fairness, deserves the same skepticism our founders directed toward concentrated federal power. The proposal, though well-intentioned, misunderstands both the constitutional architecture of our republic and the practical wisdom in decentralized governance.

The Constitutional Framework Matters

The Constitution grants states explicit authority over the "Times, Places and Manner" of holding elections, with Congress retaining only the power to "make or alter such Regulations." This was not an oversight by the framers; it was intentional design. The Tenth Amendment reinforces this principle: powers not delegated to the federal government remain with the states and the people. Advocates for nationalization often cite the Elections Clause as justification, but constitutional permission is not constitutional wisdom.

Keep ReadingShow less
U.S. Capitol

A shrinking deficit doesn’t mean fiscal health. CBO projections show rising debt, Social Security insolvency, and trillions added under the 2025 tax law.

Getty Images, Dmitry Vinogradov

The Deficit Mirage

The False Comfort of a Good Headline

A mirage can look real from a distance. The closer you get, the less substance you find. That is increasingly how Washington talks about the federal deficit.

Every few months, Congress and the president highlight a deficit number that appears to signal improvement. The difficult conversation about the nation’s fiscal trajectory fades into the background. But a shrinking deficit is not necessarily a sign of fiscal health. It measures one year’s gap between revenue and spending. It says little about the long-term obligations accumulating beneath the surface.

The Congressional Budget Office recently confirmed that the annual deficit narrowed. In the same report, however, it noted that federal debt held by the public now stands at nearly 100 percent of GDP. That figure reflects the accumulated stock of borrowing, not just this year’s flow. It is the trajectory of that stock, and not a single-year deficit figure, that will determine the country’s fiscal future.

What the Deficit Doesn’t Show

The deficit is politically attractive because it is simple and headline-friendly. It appears manageable on paper. Both parties have invoked it selectively for decades, celebrating short-term improvements while downplaying long-term drift. But the deeper fiscal story lies elsewhere.

Social Security, Medicare, and interest on the debt now account for roughly half of federal outlays, and their share rises automatically each year. These commitments do not pause for election cycles. They grow with demographics, health costs, and compounding interest.

According to the CBO, those three categories will consume 58 cents of every federal dollar by 2035. Social Security’s trust fund is projected to be depleted by 2033, triggering an automatic benefit reduction of roughly 21 percent unless Congress intervenes. Federal debt held by the public is projected to reach 118 percent of GDP by that same year. A favorable monthly deficit report does not alter any of these structural realities. These projections come from the same nonpartisan budget office lawmakers routinely cite when it supports their position.

Keep ReadingShow less
The United States of America — A Nation in a Spin
us a flag on pole
Photo by Saad Alfozan on Unsplash

The United States of America — A Nation in a Spin

Where is our nation headed — and why does it feel as if the country is spinning out of control under leaders who cannot, or will not, steady it?

Americans are watching a government that seems to have lost its balance. Decisions shift by the hour, explanations contradict one another, and the nation is left reacting to confusion rather than being guided by clarity. Leadership requires focus, discipline, and the courage to make deliberate, informed decisions — even when they are not politically convenient. Yet what we are witnessing instead is haphazard decision‑making, secrecy, and instability.

Keep ReadingShow less
© Copyright 2026