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Donald Trump’s democratic legacy

Donald Trump in front of a large crowd

Donald Trump's obsession with crowds could be turned against him.

James Carbone/Newsday RM via Getty Images

Monti is a professor of sociology at Saint Louis University.

How might Americans’ willingness to act out in public be put to better use than the destructive mess some of us want to make on behalf of Donald Trump and the rest of us hope to avoid?

My answer to this question builds on Trump’s obsession with crowds and how they could accomplish the very thing he has for so long managed to avoid: accountability for the crimes he has long committed against many individual Americans and more recently against the whole of the American people.


In thinking out loud about how to punish him, I can see how a prison sentence would inspire his supporters to come out even more strongly to support his claims about rigged elections and corrupt courts.

Be that as it may, for however long he occupies a prominent spot on the public stage, the rest of us must worry about the best way to avoid the violence he inspires others to do in his name and figure out how to hold him accountable for crimes he has committed.

Trump wasn’t the first person with aspirations to become autocrat-in-chief and there will be others in the future. None will be as consequential or memorable as Trump — not because of what he set out to do but because of the dramatic way he failed and then slunk out of Washington on the day Joe Biden was inaugurated.

The late historian Hugh Davis Graham pointed out more than a half-century ago that the central paradox in American history was the odd juxtaposition of popular unrest with the stability of important social and political institutions. Americans have been unrestful for a long time.

But how did Americans come to use crowds and civil unrest this way?

The answer to this question is even more surprising but would probably please Trump because he could blame it all on foreigners.

It was the Greeks’ fault.

Not the modern ones. The ones that Aristotle and Plato lived among and whose writings on politics still inform the way we govern ourselves today.

The origins of the unexpected union of popular unrest and institutional stability go back thousands of years. They can be traced to the ancient cities of Greece and the way Greeks made room for crowds in their social and political routines.

The ancient Greeks were aware of the destructive potential of crowds. Their cities, not unlike our own, could be difficult to manage and their people tough to keep in line. That is why Greek leaders found ways for crowds to come together in public and express their views on matters of common concern.

Of particular interest to us would be the trials of Greek elites accused of violating their city’s laws or committing other kinds of serious offenses. The accused in these cases had more social standing, power and wealth than the hundreds and sometimes thousands of people who were invited to render an opinion in public about the offending party’s guilt or innocence.

Everyday people, many of whom might not have had legal standing as “citizens” in their city, were asked to weigh in on these matters. Greek crowds were invited to make loud declarations about official misconduct and public insults to people’s sensibilities.

The other thing these trials accomplished was to provide a public rebuke for the highest and mightiest citizens of the city who learned they could be held accountable for serious violations of the law and breaches of the public’s trust.

Slaves might be killed for their misdeeds, because they had nothing to give up except their life. But wealthy and powerful people could lose their property, be expelled from the city or, most importantly perhaps, be publicly shamed.

I’ll be returning to this idea shortly.

The Greeks’ public deliberations would have looked rowdy, but they more closely resembled a big public arbitration. The idea was for people to argue out loud about what should be done and gradually reach some middle ground about what fair punishment looked like.

Everyone could walk away satisfied that justice had been served. Public order was restored. The community could move on.

People with money, power and social prestige — being more equal than everyone else — eventually figured out how to limit their accountability to the people they sought to rule. This change took a long time to happen. It is not the only reason why people with less standing in cities took to acting out in public without the permission of city leaders. But it was a big one.

Modern crowds, less easily constrained than the ones ancient Greek leaders organized, became more threatening to city leaders. Threatening or not, large numbers of less privileged people learned how to defend themselves when their rights were being ignored and their status as full-fledged members of the city was questioned. Like their better-off neighbors, the masses asserted the privilege to break important rules and customs and get away with it.

Which brings us back to Donald Trump.

Trump is already expected to give up a lot of money because of his sexual assault conviction. Should a judge eventually decide he needs to be locked up for another crime he committed, putting him in a jail cell or confining him to his shrinking New City condo or Mar-a-Lago estate would certainly be an option.

If we were back in ancient Greece, however, judges would turn the decision about what to do with Trump over to several hundred or thousands of his fellow Americans. They would let “the people” come up with a punishment, one that might not fit the crime but would certainly be appropriate for the criminal.

The problem, of course, is that our courts don’t ask the public what punishment should be handed down. But we could imagine what the result would look like if they did.

A great many of Trump’s detractors would want to lock him up. His supporters would want him to get nothing more than a slap on the wrist. Facing each other on the streets of New York or wherever his sentence was being handed down, these two crowds might be inclined to fight it out.

Trump would love that. Most of the rest of us probably wouldn’t.

If we take a page from the Greeks’ handbook on crowds, however, there’s a good chance we could avoid a nasty public fight. The courts could fashion a punishment that tortures Trump, just like the Greeks might have done, by shaming him in public.

Make Trump work off his sentence in soup kitchens and homeless shelters, helping disabled people and wounded veterans, and assisting immigrants to resettle and find jobs.

In serving some of the very people he’s spoken against most nastily and gone out of his way to continually insult, it wouldn’t matter if he was faking it and didn’t change his attitude towards such people. It only matters that he would be held publicly accountable for his crimes and the rest of us have a chance to watch his public act of contrition.

I think it’s a punishment the ancient Greeks would have understood and the rest of us could live with.

Most importantly, perhaps, it’s a punishment that would deny Trump the chance to declare himself the martyr he muses about being when he isn’t comparing himself to Abraham Lincoln or God.


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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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