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Loyal opposition

Loyal opposition
Mandel Ngan/Getty Images

Goldstone is the author of the forthcoming "Not White Enough: The Long Shameful Road to Japanese American Internment."

On November 8, 2022, in a major Republican upset, a relative political newcomer with an almost Hollywoodesque life story won election to Congress in New York’s Third Congressional district. To the surprise and elation of his party’s leadership, he flipped a key seat that Democrats had held for two decades.


The winner, George Devolder Santos, only thirty-four, was, according to his campaign bio, “a proud American Jew,” the son of Brazilian immigrants and descended from Ukrainian grandparents who had fled the Holocaust. Santos was openly gay and a self-made millionaire who, after graduating from Baruch University in 2010, worked for Citigroup and Goldman Sachs before striking out on his own and making big money in real estate. If he could be a fictional character, he wrote, he would choose Captain America.

One month later, as first reported in The New York Times and then in just about every news outlet in the United States, it turned out that virtually none of this was true. In addition, Santos had lied about his parents’ careers and wealth, that his mother had been in the South Tower of the World Trade Center on September 11, 2001, but survived, that he founded an animal rescue charity, and a raft of other tidbits of his background, while omitting that he had been indicted for embezzlement in Brazil. Although as of this writing, Santos has not been accused of criminal behavior in the United States—although he is under investigation by the Nassau County district attorney as well as federal prosecutors—his finances are so smoky that few would be surprised if that were to occur. His entire resumé, it seems, was a series of whoppers so transparently false that even Inspector Clouseau would have, in the immortal words of Patrick Henry, “smelt a rat.”

The voters in his district, however, did not. Nor did his opponent, Robert Zimmerman, a member of the Democratic National Committee and a (genuine) successful businessman with a long history in politics. Zimmerman, 67, was also openly gay but, unlike Santos, had an impressive record of working for equal rights in the LGBTQ community. Santos, on the other hand, had been married to a woman until 2019.

This was Santos’s second try for office. He had also run in 2020 against then-incumbent Tom Suozzi, losing by ten points, and no one had discovered that his resumé was a work of fiction then either. But Suozzi had been a shoo-in for re-election, so the lack of investigation into Santos’s background, while negligent, was to a degree understandable.

This election was different. Suozzi had given up his seat for a failed run at the gubernatorial nomination, and this race promised to be a good deal closer. Given that 2022 was a midterm year in which Democrats were bucking the headwinds of Joe Biden’s dismal approval ratings, they needed to bring every possible weapon to the fore in a desperate effort to hold the House.

Nothing could be taken for granted. So much did the party want to dot its i’s that Jill Biden traveled to New York to personally campaign for Zimmerman, which indicated, according to News 12, Long Island, “there could be a feeling of nervousness on the part of Democrats.”

A visit by the First Lady is no minor event—it demands planning, coordination, and attention to logistics, all of which would have involved Zimmerman’s campaign workers, the Democratic National Campaign Committee, and the White House. Attention to detail is therefore a must and nothing can be taken for granted.

The question becomes, why did the Democrats, who invested so much time and effort to coordinate the First Lady’s visit, not pay equal attention to determining if George Santos’s much-larger-than-life life story was all it seemed to be? It would not have taken much. There was no record of Santos working at the institutions he claimed, graduating from college, or even attending the prep school he claimed to attend. His mother was not the financial executive he claimed her to be but rather a domestic worker. His lies were so huge, so ludicrously transparent, that a reporter on a high school newspaper might have uncovered them with ease. Only after Santos’s election and The New York Times report did those questions begin to be asked by Democratic party leaders.

Steve Israel, who had held the seat for sixteen years and was once chair of the Democratic Congressional Campaign Committee, wrote in The Atlantic that “perhaps that criticism [of Democrats] is justified, but we shouldn’t let the Republican Party off the hook. Republicans accepted Santos’s narrative without due diligence because they prioritized extreme ideology over actual qualifications.”

Sorry, Mr. Israel, this buck can’t be passed. If the losers do not do their job, they cannot blame the winners for being slipshod.

In fact, although opposition research is often given a bad name, our democratic system, which is necessarily adversarial, demands it. To expect either party to police itself is naïve. There are already reports that Republican campaign officials were aware of Santos’s lies and sat on the information. With an election looming and a blue seat vulnerable, that is not surprising.

No, this was the Democrats’ responsibility and they blew it. Calling on Santos to resign now, after they allowed him to win the seat is ludicrous. The only way he will forfeit his seat at this point is if he is indicted, and perhaps not even then.

If, however, the Democrats get a break they don’t deserve and Santos is forced to give up his seat, there will be a special election to fill it. Or there is the regular election in two years. In either case, whoever the Republicans put up will be subject to far more scrutiny than was Santos, the classic after-the-damage-is-done effect.

When the Democrats choose their candidate, it should certainly not be Robert Zimmerman. His failure to do even the most basic vetting of his opponent cost Democrats the seat once. He should not be allowed to do it twice.


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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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The Federalism Question: Why Nationalizing Elections Deserves Skepticism

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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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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.

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