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

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

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

Pennsylvania election chief ousted for reasons unconnected to '20 vote

Kathy Boockvar

Ousted Pennsylvania Secretary of State Kathy Boockvar led a "fair and accurate" 2020 election, according to the governor.

Office of Gov. Tom Wolf
David Hawkings
By David HawkingsFeb 02, 2021
David Hawkings
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The top elections official in Pennsylvania, who became one of Donald Trump's most prominent villains and scapegoats as he sought to reverse his defeat, has been forced to resign.

But the sudden ouster of Secretary of State Kathy Boockvar by Gov. Tom Wolf, a fellow Democrat, has nothing to do with how she ran the presidential contest in one of last year's biggest tossup states. Instead, she is taking the fall for how her staff overlooked another pressing and high-profile matter during the height of the campaign.

The mistake will delay for at least two years a statewide vote on whether survivors of sexual abuse should be permitted to sue their perpetrators and institutions that covered up the crimes which occurred decades ago.

Advocates were planning for such a referendum on the May primary ballot — but now it won't happen, because of a blunder that came to light only in recent days: The Department of State forgot to place the legally required advertisements in newspapers last fall describing the proposed state constitutional amendment, which would give adults who kept silent about their abuse when they were children a special two-year window to file lawsuits.

Boockvar's departure "has nothing to do with the administration of the 2020 election, which was fair and accurate," Wolf said in announcing the firing on Monday. "The delay caused by this human error will be heartbreaking for thousands of survivors of childhood sexual assault, advocates and legislators, and I join the Department of State in apologizing to you."

The Republican-majority Legislature will now be pressed to pass fresh legislation, over the objections of the state's Roman Catholic bishops and the insurance industry, to revive the referendum — but not before 2023. The Department of State's bureaucratic failing was first reported last week by Spotlight PA.

"I've always believed that accountability and leadership must be a cornerstone of public service," Boockvar said in a statement. "I accept the responsibility on behalf of the department."

Boockvar, 52, had become one of the nation's most prominent secretaries of state in just two years on the job and was named by her colleagues to be a spokeswoman on many of the contentious matters related to conducting the 2020 election during the pandemic.

When she took office the state had just enacted the biggest overhaul to its election laws in 80 years. And so it was her responsibility to implement the transition to no-excuse absentee voting, an expanded voter registration timetable, and the purchase and deployment of new voting equipment across all of the state's 67 counties. Not all that work had been completed before the Covid-19 pandemic started, and so the spring primaries were marred by criticism about confusing rules and delayed vote counts.

Boockvar began drawing Trump's ire in the fall, when she decreed that mailed ballots postmarked on time but arriving three days late would be counted. The decision withstood a series of Republican legal challenges on the grounds she had claimed power reserved for the legislatures.

"We are winning Pennsylvania big, but the PA Secretary of State just announced that there are 'Millions of ballots left to be counted," Trump falsely tweeted the day after Election Day.

In the end, Boockvar's decision preserved the votes inside only about 10,000 tardy envelopes, and President Biden carried the state and its pivotal 20 electoral votes by a full percentage point, or 82,000 votes.

But after that imbroglio subsided, she became the face of the state's ultimately successful defenses against a torrent of lawsuits by the defeated president's campaign and his allies. One of them was successful, holding that Boockvar was moving to exceed her authority on an obscure matter involving ballot envelope signatures, but that ruling came before any of the disputed ballots were counted.

All the others died for lack of evidence or legal foundation, although one made it as far as the Supreme Court before being dismissed. That suit, challenging the legality of switching to no-excuse absentee voting in the state, was at the heart of why Republican Sen. Josh Hawley of Missouri objected to counting Pennsylvania's electors on Jan. 6, shortly after a mob of Trump supporters stormed the Capitol. The Senate voted 92-7, and the House 282-138, to accept Biden's victory in the state.

Boockvar has continued to endure withering criticism from Republicans in Harrisburg, many of whom still profess support for Trump's conspiracy theories about voting irregularities and assert without evidence that her incompetence allowed widespread cheating to go unchallenged.

Just last week, Boockvar told a state House hearing on the election that "it is time for truth" and that an "assault on facts" must end.


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

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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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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.

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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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