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New guide for boosting diversity and equity in time for Capitol Hill hiring spree

Katherine Tai

Katherine Tai is slated to be the first congressional aide to move directly to a Cabinet-level post. But she is among the few people of color in senior roles on Capitol Hill.

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One maxim of democracy reformers is that governments will become more productive and confidence-inducing when they start looking more like the communities they represent.

To that end, nine groups with particular interest in Congress have collaborated on a nuts-and-bolts guide for lawmakers to create and sustain more diverse and inclusive teams of aides.

The booklet began circulating this week, an opportune time for altering a congressional workforce that is not keeping pace with American demographic shifts. Sixty freshly elected House members and seven newly minted senators are making their first hires, while dozens of returning lawmakers are confronting staff churn that has accelerated in the past decade — thanks to the high stress but low productivity of Capitol Hill, pays scales not competitive with the private sector, and sometimes racist and misogynistic office cultures.


At a minimum, the corps of 16,000 people who work for the House and Senate leadership, the committees and the rank-and-file membership is disproportionately white — so much so that "the last plantation" long ago became a widespread term of derision for Congress among its employees.

The disparity is across pay grades. Just 11 percent of people in top Senate jobs are non-white, although they make two-fifths of the United States population, according to research by the Joint Center for Political and Economic Studies, a think tank focused on improving the lives of Black Americans. And the advocacy group Pay Our Interns estimates that white students get 85 percent of internships in House Republican offices and 62 percent of Democratic offices.

An exception to the view that people of color have a particularly tough time thriving on the Hill appeared Wednesday, however. President-elect Joe Biden signaled he would name Katherine Tai, the Chinese-American chief trade lawyer for the House Ways and Means Committee, as United States trade representative. It would appear to be the first direct promotion ever of a congressional staffer into a Cabinet-level job.

"From entry-level to the most senior positions, a lack of representation means that much is missing from the debates shaping our national policy and priorities," reads the introduction to the guide book by the nine groups, which have named their coalition Representative Democracy. "Decades of studies have repeatedly shown that teams with more diverse experiences, backgrounds and ideas produce better and more innovative products. Democracy itself will be better served when we have the input and influence of more voices to formulate effective and responsive national policy."

And if that high-minded appeal does not resonate with senators and House members, the book offers a more practical rationale for making their office environments more diverse, equitable and inclusive.

"Consider the increased burden high turnover creates for the rest of your staff and the amount of time spent repeating the hiring process," it says, not to mention "the time lost to addressing staff grievances over alleged unequal treatment or denied promotions."

The 36 pages of advice that follow are similarly at once pragmatic and aspirational. Be sincere and intentional about establishing policies to ensure diversity, equity, inclusion and a sense of belonging for all staffers. Define what those terms mean for your office. Be clear about the atmosphere you want to foster during a wide-ranging period for recruiting, then through transparent and standardized personnel policies. Set clear job descriptions, pay scales and expectations for promotion. Assign new hires a senior staffer as mentor.

And finally, there's a pep talk for the bosses — politicians who have in many cases spent way more time fundraising and glad-handing than they allot to fostering a healthy workplace.

"You need to become an ally to your team," the book says, addressing senators and House members, 74 percent of whom will be white next year. "That means working on yourself. It also means doing everything in your power to eliminate structural barriers for your staff. Most importantly, it means you will speak up for them, and you will commit to seeking ways to better understand their experiences."

The authors were Laura Maristany, a senior official at the Democracy Fund, which gives grants to promote a more robust political system, and Maria Robles Meier, a former House and Senate leadership aide and executive director of the Congressional Hispanic Caucus.


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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.

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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.

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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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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.

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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.

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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.

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