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Ask Joe: Worker fatigue

Graphic image reading "Ask Joe" with photo of Joe Weston, The Fulcrum's advice columnist.
Joe Weston
By Joe WestonJul 22, 2022
Joe Weston

Joe is an advice columnist, conflict resolution specialist, trainer, coach, advocate for lasting peace, and founder of the Fierce Civility Project.

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Hi, Joe.

I’m not sure if you address questions like this, but I’ll try anyway. I am the CEO of a small company and I’m noticing that with all the political and economic turbulence, the effects of the pandemic and many people choosing to find jobs where they can work from home, or just retire, it’s getting harder to keep things going and keep my staff motivated. Any suggestions?

Fatigued

Hey, Fatigued.

Of course this is a question I can address; thanks for asking it. In fact, this recently came up with a coaching client of mine, a CEO of a local affiliate of a national organization. She brought in The Weston Network to work with her and her executive team over a six-month period on our Resilient Power Leadership program. We both expressed some level of concern that as we look to the immediate future, we see a continuation of the uncertainty and volatility that we have experienced the last couple of years with the pandemic.

I commended her on following her intuition to embark on a training like this as a way to be prepared for the myriad unknowns. It was her vision to create an executive team that cultivated more cohesion, accountability, trust, care and support for one another, as well as personal and group autonomy. I then shared with her an image that I’ve used for years that seems to be taking on a deeper implication at this time: When designing a skyscraper, architects will make sure the structure of the building has enough resilience so that it can sway with the wind patterns at that height. Without this compensation for the turbulence, the structure will snap.

These are the discussions I am having with the leaders I am currently coaching. What will it take to create the optimal structure for your organization so, like a skyscraper, it will withstand even the most challenging turbulence? How urgent is it for you to implement strategies that will upgrade the skill set and internal team building that guarantees an enhancement of the company’s resilience? For me, resilience does not mean suffering or enduring. When we are truly resilient, we are present, connected, maintaining a steady balance, as well as feeling confident to flow with challenges as they arise. We have vitality, stability and clarity, and we can tap into our creative problem-solving.

The design starts with embracing what many organizations worldwide are stepping into – shifting from a rigid, hierarchical leadership approach (where everything flows to and from the leader) to a more fluid, circular leadership approach. In other words, while still maintaining control of the direction and workings of the organization, finding ways to bring in more voices, get more input, get more buy-in from staff, and empower your executive team to creatively lead with more authority and autonomy.

Once this process has begun, the next step includes strengthening and upgrading the internal structure of the executive team – to continue the skyscraper metaphor, that means reinforcing your foundation and scaffolding so you can trust them with creatively adapting to an ever-changing world. That includes upgrading skills for approaching difficult conversations and holding each other accountable, in order to increase trust and safety. From here, the executive team repeats the same process with their department or team, creating more organization-wide cohesion, trustworthy structures and resilience.

By finding ways to empower each individual in combination with strengthening the relationships with each member of your team, you should be able to shift some of your attention away from the internal day-to-day tasks. You will see more time and energy focusing on your vision and on the organization’s increased impact with the community at large and other stakeholders. Taking on more of a visionary role, you will be well positioned to offer the support and strength needed by your staff, and maybe even your community, in times of challenge, offering hope and direction while navigating the unknown.

While this is an abstract offering, Fatigued, I hope it helps you think in a way that activates some creativity. The bottom line is that while none of us on our own have the power to hold back the current unknowns and challenges, where we do have power is preparing ourselves in the most time- and cost-efficient way with a plan to increase both personal and group resilience – remaining vital, clear and grounded, and deepening and trusting the integrity of our connections and relationships.

How are you getting ready for the possible effects of our ongoing economic unpredictability, social unrest, and increases in resignations and retirements? What are you doing to strengthen the internal structure of your organization? How are you encouraging or guiding your staff to cultivate resilience? These are the questions I would offer to any leader looking ahead to the next few years. Those who take the time now to build resilience and strong bonds based on safety and trust will be the ones who not only survive, but thrive.

While spending time reinforcing your foundation, keep aiming high,

Joe

Learn more about Joe Weston and his work here. Make sure to c heck out Joe’s bestselling book Fierce Civility: Transforming our Global Culture from Polarization to Lasting Peace, published March 2023.

To Ask Joe, please submit questions to: AskJoe@Fulcrum.us.

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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.

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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.

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