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

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

Joe Biden: The first Cold War president since Ronald Reagan

Joe Biden: The first Cold War president since Ronald Reagan
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Richard Davies
By Richard DaviesFeb 24, 2023
Richard Davies
Richard Davies is a podcast consultant, host and solutions journalist at daviescontent.com. Davies is a committed member of the Bridge Alliance and the growing community to combat extreme partisanship. He is a former politics, business and news correspondent at ABC News. Davies is also an inspired storyteller, Executive Producer, co-host and creator of the weekly solutions journalism podcast, “How Do We Fix It?” and the biweekly podcast, “Let’s Find Common Ground.”
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Richard Davies is a journalist and podcaster. He runs the podcast consultancy, DaviesContent.

By any measure, this has been a momentous week for global politics. President Biden’s surprise trip to Kyiv, his “freedom” speech in Warsaw, the visit of China’s top diplomat to Moscow, and Vladimir Putin’s decision to suspend Russian participation in the last remaining nuclear arms treaty with the U.S. are all signs of deepening big-power tensions.

This coincides with the first anniversary of the bloodiest conflict in Europe since World War Two. In the early hours of February 24 last year, Putin’s tanks rolled across Ukraine’s borders.

To the surprise of many, the past year saw a dramatic strengthening of the NATO military alliance, as Europe and The United States rallied support for Ukraine. At the same time, the world’s two largest autocratic powers— China and Russia— moved ever closer together in a partnership that stirs reminders of the Cold War. Both regimes seek to dominate as much of the world as they can.

In his state-of-the-union style address, Putin blamed the U.S and its allies for a war that he launched himself. “The West,” he claimed, “is using Ukraine as a battering ram against Russia." Despite extremely heavy troop losses, Putin’s ultimate goal of dominating Ukraine and forcing it to become part of his Russian empire remains unchanged.

In Warsaw this week, Biden’s stark rhetoric harkened back to an earlier time, at least four decades ago, when American presidents often spoke of the epic struggle between dictatorships and democracy. “Appetites of the autocrat cannot be appeased. They must be opposed,” he declared. “The work in front of us is not just what we’re against but what we’re for….There is no higher aspiration than freedom.”

Biden promised $550 million in addition to $30 billion in military and humanitarian aid already sent to Ukraine. The Administration has reasserted itself as the dominant player in the security of Europe. Now NATO has a clearer mission statement.

While much has been written about the war, and the political state-of-play, the President’s trip has broader implications for the fundamental values that are a vital part of the growing struggle against autocratic powers.

“You can’t have democracy and freedom if you are not also willing to defend your national sovereignty against an armed invasion,” says Danish human-rights advocate, Jacob Mchangama. “These principles and fundamental values do require something that maybe has been forgotten in Europe: a willingness to defend against invasion.”

I spoke with Mchangama for the latest episode of our podcast, “ How Do We Fix It? ” His recent history of free speech makes him well-qualified to speak of the deeper issues at stake.

One of the biggest surprises of the past year has been the strength of European and American support for President Zelenskyy and Ukraine. “I’m very heartened by it,” says Mchangama. “It’s a good antidote to a decay of the West and complacency of democracies narrative that has been driving some of the authoritarian backlash.”

“Even a year in, there still seems to be solid support in many countries for the Ukrainian cause and for continuing to supply them with the means to defend themselves and hopefully decisively turn the tide.”

Many supporters of Ukraine say they are fighting for us, and the values of freedom of expression and rule of law. What remains unclear is whether the return to cold war rhetoric by President Biden and other leaders will have a positive impact on American democracy and reduce the damage inflicted by the domestic partisan divide.


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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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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.

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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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