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Learning from the drama in Ottawa: Protest should be the last resort, not the first

Protest by Canadian truckers

Supporters leave messages for trucker drivers protesting pandemic health rules outside the Canadian parliament in Ottawa.

Ed Jones/AFP via Getty Images

Leighninger is head of democracy innovation for the National Conference on Citizenship.

The blockade of Ottawa by Canadian truckers has finally come to an end. Prime Minister Justin Trudeau invoked the federal Emergencies Act and Ottawa police moved in to evict the protesters, who were voicing their opposition to vaccine mandates. The truckers continued to wave the Canadian flag, but most either left peacefully or were arrested.

In the United States and Canada, we often romanticize protest — at least when we agree with the cause the protesters are supporting. Protesters are going to great lengths, and sometimes putting their lives on the line, to express their opinions on important public matters. They are exercising their rights to free speech and assembly because they don’t feel heard in any other way. One notable history of the protest movements of the 1960s is titled, “Democracy Is in the Streets.”

Or is it? Nonviolent protesters may be brave, but they aren’t necessarily informed, principled or acting in the best interests of their communities and country. Even when it is peaceful, a protest is not a safe space for people who disagree to negotiate and find common ground. It is not an environment that helps people absorb information and sort out fact from fiction. And protesting is dangerous, especially for people of color, indigenous people, religious minorities, and members of other groups that are already subjected to discrimination and violence.


Democracy works better indoors — at least it should. Unfortunately, while most of our “indoor” democratic opportunities are safer than protesting, they are generally not empowering, participatory or collaborative. Most public meetings and hearings operate by a 100-year-old formula that gives citizens a few minutes at a microphone to express their concerns. Even the layout of the room reinforces a kind of “parent-child” dynamic between public officials and the public, with officials sitting in comfortable chairs on a raised dais with name plaques while citizens mill about below. These official interactions tend to make everyone angry, and they increase mistrust between citizens and government.

There are, however, many proven ways of making democracy work better. Around the world, citizens and officials have developed innovations that make governance more informed, equitable and deliberative. Many of these reforms and practices give people a greater voice in public decisions and inspire citizens to devote some of their time, energy and skills to their communities.

These reforms and practices include engagement commissions, large-scale deliberative processes, serious games, participatory budgeting, citizen’s assemblies, SMS-enabled discussions, youth voice programs, crowdsourcing processes and many others. Democratic innovations have been instituted in many countries, from Iceland to Taiwan to Colombia, as well as at the local level in some U.S. cities. When asked in surveys and opinion polls, Americans favor these kinds of innovations, even across party lines: Support for these measures ranges from 75 percent to almost 90 percent, without significant differences between Republicans and Democrats.

An interesting benefit of protest is that the experience tends to bond people. Like the Black Lives Matter and Occupy Wall Street protesters before them, the Canadian truckers strengthened relationships and built trust with one another —for many it will turn out to have been a formative political experience. But protests don’t have to be the only opportunity for bonding: We can and should build more civic opportunities that have those same benefits into the ways that our institutions and communities function.

Polarization has become such a problem in America that many people can’t imagine having a reasonable conversation, let alone a productive encounter at a public meeting, with someone on the “other side.” And it is true that not everyone is capable of being reasonable. But the vast majority of Americans, and Canadians, have enough common decency that — especially if they are in a safe, supportive environment for deliberation — they can listen to one another’s experiences, analyze information together, disagree politely on some things and agree wholeheartedly on others. To overcome polarization, and to deal with shared challenges, we need more of these kinds of opportunities in public life.

Though the drama in Ottawa ended with more of a whimper than a bang, the conclusion will probably not make either the truckers or their opponents happy (or the downtown businesses and tow truck companies thathave been caught in the middle). It may make Canadians who were hesitant about vaccines more resistant. It may help extremists co-opt the Canadian flag and portray their causes as patriotic.

Even in a more successfully democratic society, there should always be room for protest. Many social movements have achieved great benefits to society, particularly in advancing civil rights, by taking to the streets. Free speech and assembly should be protected, because protest is the last resort for people who want a say in public decisions. But if it is the only resort, we all lose.


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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.
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The Bottom Line

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