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

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Independence Day can celebrate the spirit of independents

Independence Day can celebrate the spirit of independents
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Dave Anderson
By Dave AndersonJun 27, 2023
Dave Anderson
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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.

In 2026 America needs a Declaration of Independents, one that will mark the 250th anniversary celebration of the Declaration of Independence. Yes, our great country, mired in deep conflicts, entrenched polarization in Washington, and pathetic hostility needs to turn to individuals and groups which are driven by an independent frame of mind to rescue us.

In the last Gallup poll 41 percent of Americans identified as independents. The independent frame of mind that is so sorely needed should not in itself reflect a particular ideological point of view. Thus it should not be a centrist point of view which reflects a middle ground between the Democrats and Republicans. Nor should it be a radical centrist point of view which reflects a unique synthesis of both parties or some standpoint that transcends them but still preserves core ideas from both. What is needed instead is a burst of independent candidates and organizations that stand for points of view that differ from the two mainstream parties. There might be six independent points of view, including libertarian, green, moderate centrist and radical centrist.

Ideally the independent candidates for office would win races and reduce the power of the two major parties. The upshot would be that Democrats and Republicans would face challenges from many independent perspectives, and they would lose many of the races. Attacked from so many points of view, they would not be able to withstand the onslaught.

This is ideally how things would evolve. The goal would not be to ruin one or both parties. Instead, it would be to put both parties in check and compel both parties to work with the independents in their district or state or nationally to reach tripartisan solutions to problems. Indeed, it is time to jettison the goal of achieving bipartisan solutions because it rests on the controversial assumption that there are only two legitimate points of view to be reconciled. This is not the case in the United Kingdom, France, Germany or Israel. We must strive to make it not the case in the United States.

The challenge will be to cultivate and celebrate an attitude of independence that motivates enough citizens to vote for the independent candidates without blasting the two major parties. For what is needed is not a war against the Democrats and Republicans but an honest departure from them. The reason this strategy might work over a five to ten year time period is that there would be no consistent target for Democrats and Republicans to bring down. There would only be a temperament to criticize, and it would be hard to criticize a temperament that revolved around freedom of thought and disappointment with rigidity, hostility, and dysfunction.

The attitude that would be targeted would revolve around what used to unite us -- a love of independence. The Declaration of Independents we need will rally around the value of independence that grounded our country 250 years ago. Whether the issue is the environment, guns, immigration, family policy, foreign policy or racial relations, we need a third force in American politics that will shift the focus from the boxing ring fight between the Democrats and Republicans to a challenge to both parties from multiple ideological points of view.

In the United States, what we need now is not so much multiple parties but multiple independent perspectives. Parties are organizational machines and are very useful for the Democrats and Republicans, especially for raising money. A frontal attack from another party is not likely to succeed. We need the same ingenuity which defeated the British in the Revolutionary War -- attack the enemy from a range of places at once using guerilla tactics. Head-on warfare would have failed against the stronger British armed forces.

Likewise today. You can't go after the Democrats and Republicans head-on. Instead, individual races need candidates with an independent temperament which stands in different ideological places. Together, however, these independent voices will gather steam and leverage the momentum of other independent candidates and groups. Gradually, the independent temperament will strengthen, until it becomes a third force in American politics.

Structural changes will be needed in the electoral system, including ranked choice voting and open primaries. But independent candidates and voters and moderates from both parties need a broader strategy to move forward. Although there need not be and should not be one orchestrating organization, a set of organizations, individual candidates and the media, traditional and social, can create the revolution.


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

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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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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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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.

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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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