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Rule of Law or Rise of Fascism?

Opinion

Rule of Law or Rise of Fascism?

"Two Americans can look at the same institution and come to opposite conclusions about the state of our nation. One sees the rule of law still holding; the other sees fascism emerging," writes Debilyn Molineaux.

Getty Images, OsakaWayne Studios

“A Republic, if you can keep it.” This famous quote from Benjamin Franklin reminds us of the constant attention required to sustain our system of governance. The founders debated, argued, and ultimately constructed a Constitution for a new nation—the first modern democratic republic in the Western world still dominated by empire-building monarchies. Yet we also inherited a heavy dose of ambition, a drive to attempt self-rule. The Glorious Revolution in England had paved the way for the rule of law, establishing new limits on monarchs and diminishing unchecked aristocratic power. Most importantly, it affirmed that no one—not even a king or queen—was above the law.

And yet, from the very beginning, there has been tension between this ideal and reality. Consider King George III. In the American imagination, he became the tyrant whose “repeated injuries and usurpations” justified rebellion. The Declaration of Independence lists grievance after grievance: refusal to assent to laws, stationing armies among the people, sending “swarms of officers to harass” colonists, and hiring foreign mercenaries to enforce his will. The image is one of unchecked despotism. A closer look at the grievances reveals that most were exaggerated or propaganda. Only two of the twenty-eight were actions that King George III personally directed or had the power to control.


Modern historians and biographers, referencing King George III’s handwritten texts, tell a more complicated story. Some describe George III as pragmatic, accepting the limitations of the rule of law and Parliament than Americans acknowledged. His writing demonstrates more concern with preserving the empire than crushing liberty. So, which was he—a tyrant or a constitutional monarch? The answer depended on one’s vantage point: colonist or king.

This tension is alive today. Two Americans can look at the same institution—say, the federal government—and come to opposite conclusions about the state of our nation. One sees the rule of law still holding; the other sees fascism emerging. What about you?

For some, the rule of law is intact, even if under strain. Courts are functioning. Elections continue. Peaceful transfers of power—despite violence and disruption—remain possible. In this view, America’s institutions are imperfect but resilient. The role of citizenship, then, is to strengthen institutions:

  • defend judicial independence,
  • shore up voting rights,
  • ensure transparency in government,
  • expand civic education for the next generation.

For others, fascism is taking root. They see courts captured by partisanship, agencies bent to political will, and leaders who appear above the law. They point to the erosion of checks and balances, the intimidation of media, and the growing normalization of political violence. In this view, the task of citizenship is to weaken captured institutions:

  • expose corruption,
  • withdraw legitimacy from compromised systems,
  • engage in protest and civil disobedience,
  • build alternative networks of accountability and trust.

Our beliefs shape our actions.

The dividing line is not merely partisanship. It is our interpretation. What do you see when you look at America today?

  • One citizen looks at a courthouse and sees a bulwark of justice, still standing despite stress cracks. She files lawsuits, trusting that the system can deliver.
  • Another sees a hollow shell, a façade of justice no longer connected to reality. He marches in the streets, convinced only outside pressure can bring change.

Both are acting from discernment—though their discernments differ. Both can be true, too.

History reminds us: this divergence has always been part of the American story. Colonists divided into Patriots and Loyalists. Reformers divided between gradualists and abolitionists. Citizens in every era have had to decide: do we work within the system or outside it?

How do we discern, question, and ultimately choose our beliefs?

Discernment is hard work. It requires curiosity, humility, and a willingness to step beyond echo chambers. It asks us to test our own assumptions, to ask: What is true? What is propaganda? What is my fear projecting onto reality?

But discernment is not enough. Belief without action is passivity. Action without belief is chaos. What our republic requires is discernment that leads to courageous, grounded action. It also requires a heart of goodwill. An attitude that we must improve our society for the next generation.

This is Franklin’s challenge echoing across the centuries: “A Republic, if you can keep it.”

Keeping it does not mean blind loyalty to institutions, nor does it mean tearing them down for sport. It means each of us doing the inner work of discernment and then acting from that place of clarity.

So I invite you: look closely. Decide for yourself. What is the state of our nation? And what action does your belief call you to take?

The future of this republic will not be decided by politicians alone. It will be shaped by millions of individual answers to those questions—and the actions that follow.

Debilyn Molineaux Debilyn Molineaux is storyteller, collaborator & connector. For 20 years, she led cross-partisan organizations. She currently holds several roles, including catalyst for JEDIFutures.org and podcast host of Terrified Nation. She is also works with the Center for Collaborative Democracy, which is home to the Grand Bargain Project as a way to unify Americans by getting unstuck on six big issues, all at the same time. She previously co-founded BridgeAlliance, Living Room Conversations and the National Week of Conversation. You can learn more about her work on LinkedIn.


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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.

Getty Images, J Studios

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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