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

When Separation of Powers Becomes a Suggestion

When Separation of Powers Becomes a Suggestion

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

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

An illustration of two hands controlling a small person attached to strings.

Parallels and Patterns: George Orwell’s 1984, Hitler’s Nazi, and Trump 2.0

Fight erupts in California over drop boxes and the limits of 'harvesting'

California drop box

The California GOP has set up its own drop boxes across the state, but Democrats say only official drop boxes, like the one pictured above, are legal.

Frederic J. Brown/Getty Images
Sara Swann
By Sara SwannOct 13, 2020
Sara Swann

As a staff writer, Sara covers a variety of democracy reform issues, including voting rights, money in politics, gerrymandering and civic education. Prior to joining The Fulcrum in May 2019, Sara reported on local government on Maryland's Eastern Shore for the USA Today network. She is a native West Virginian and a graduate of Syracuse University.

See More Writings by author

Partisan tensions, fears of voter suppression and allegations of cheating are roiling in the early stages of the almost entirely by-mail election in the nation's most populous state. At issue is how far the political parties can push California's rules permitting them to collect the envelopes.

Top Democratic officials are ordering the state Republican Party to remove about 50 drop boxes set up to collect ballots in reliably red parts of the state, maintaining they are illegal and could lead to voting fraud. Party officials say they will not comply with Monday's cease-and-desist order, asserting the boxes comply with a state law allowing campaigns to assist with ballot collection.

The dispute — over the limits of what President Trump and other critics deride as the practice of "ballot harvesting" — is the latest skirmish in the partisan war over voting rights and rules easements for an election upended by the coronavirus pandemic.

Trump has no shot at California's trove of 55 electoral votes, but he has been highly critical of the state's decision to send ballots to all 21 million active registered voters. In response, the GOP has gone to unusual lengths to get the best of this year's system — especially in the parts of the state hosting five competitive congressional contests and other hot down-ballot races.

Secretary of State Alex Padilla and Attorney General Xavier Becerra told the state GOP to remove the dark gray metal boxes it has stationed across Fresno, Orange and Los Angeles counties — affixed with white paper labels declaring they are as either an "Official Ballot Drop off Box" or a "Ballot Drop Box." To the average voter, they look indistinguishable from the hardware being used by the state.

The letter says only county election officials have the authority to set up drop boxes to ensure they all adhere to strict security requirements. "These unauthorized drop boxes are a disservice to elections administrators and a disservice to voters who deserve to cast their ballots with clarity and confidence," Padilla said in a statement.

The letter requests that Republican officials provide a list of unofficial drop box locations and voters who used them to county election administrators by Thursday.

While the state GOP has admitted to placing these drop boxes across the state — including outside churches, gun stores, local GOP headquarters and gas stations — officials deny any wrongdoing and have refused to remove the drop boxes.

"There is nothing in any of the laws or regulations cited in that advisory that indicate private organization drop boxes are not permitted," said Hector Barajas, a spokesman for the California GOP. He blamed Democrats for blocking legislation to tighten the rules for third-party ballot collection.

Four years ago, the Democrats in charge in Sacramento enacted a law removing limitations on who could return an absentee ballot for another voter. Before, only close family members could help out, but the change expanded this assistance to campaign workers and volunteers.

The Democrats made particularly assertive use of the new rules in the 2018 congressional midterms, when their organized armies of ballot collectors helped drive up turnout among their supporters — resulting in the party taking six House seats from the GOP. Trump decried the practice as corrupt at that point, although partisan workers delivering at least some ballots cast by others is permissible in 26 states.

For this campaign, Republicans vowed to do a better job turning the system to their advantage — unless they could get rid of the new law.

Although Republicans in Fresno County have agreed to remove their drop boxes, it's unclear if the others will remain. The Orange County district attorney's office is currently investigating the matter.


Latest news

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

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

“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

Read More

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

General view of Galileo Ferraris Ex Nuclear Power Plant on February 3, 2024 in Trino Vercellese, Italy. The former "Galileo Ferraris" thermoelectric power plant was built between 1991 and 1997 and opened in 1998.

Getty Images, Stefano Guidi

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

With the rise of artificial intelligence and a rapidly growing need for data centers, the U.S. is looking to exponentially increase its domestic energy production. One potential route is through nuclear energy—a form of clean energy that comes from splitting atoms (fission) or joining them together (fusion). Nuclear energy generates energy around the clock, making it one of the most reliable forms of clean energy. However, the U.S. has seen a decrease in nuclear energy production over the past 60 years; despite receiving 64 percent of Americans’ support in 2024, the development of nuclear energy projects has become increasingly expensive and time-consuming. Conversely, nuclear energy has achieved significant success in countries like France and China, who have heavily invested in the technology.

In the U.S., nuclear plants represent less than one percent of power stations. Despite only having 94 of them, American nuclear power plants produce nearly 20 percent of all the country’s electricity. Nuclear reactors generate enough electricity to power over 70 million homes a year, which is equivalent to about 18 percent of the electricity grid. Furthermore, its ability to withstand extreme weather conditions is vital to its longevity in the face of rising climate change-related weather events. However, certain concerns remain regarding the history of nuclear accidents, the multi-billion dollar cost of nuclear power plants, and how long they take to build.

Keep ReadingShow less
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
© Copyright 2026