Skip to content
Project 2025
Donate to support
diverse voices
Search

Latest Stories

Follow Us:
Top Stories
Cargo containers piled on each other.

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

Why the GOP Needs to Help Prevent Pres. Trump from Interfering in the November Election

Why the GOP Needs to Help Prevent Pres. Trump from Interfering in the November Election

East Wing's Demolition Highlights U.S. Construction Waste Problem

East Wing's Demolition Highlights U.S. Construction Waste Problem

When Separation of Powers Becomes a Suggestion

When Separation of Powers Becomes a Suggestion

Three reasons Republicans should support the 28th Amendment

Opinion

Three reasons Republicans should support the 28th Amendment

Rep. John Katko (left).

Alex Wong/Getty Images
John Wass
By John WassSep 11, 2019
John Wass
See More Writings by author

Wass is board chairman of American Promise, which seeks to limit the power of corporate, union, political party and super PAC money in politics.

While it has garnered widespread support among Americans across the political spectrum for years, the movement for a 28th Amendment to the Constitution to end the domination of big money in our political system now is gaining significant traction in Washington. Thus far 11 current and former 2020 presidential candidates have signed the American Promise Pledge to support a constitutional amendment to get big money out of politics, and measures proposing such an amendment have 180 co-sponsors between the House and Senate.

However, only one of those 180 co-sponsors is a Republican: Rep. John Katko from New York's 24th District. The currently lopsided support for this effort highlights how destructive partisan politics can block individuals from acting on their private convictions.

The idea of limiting big money in politics is actually a bedrock conservative principle, supported by a significant majority of conservative voters. "Draining the swamp" was among the driving forces that led to President Trump's election. "Cronyism" has been a concern of conservative voters for decades, and Milton Friedman himself sounded the alarm over a system where businesses compete by seeking government favors. And many former Republican elected officials publicly support a 28th Amendment.

We can only imagine many sitting Republicans in Congress agree, but are hesitant to make that support public in the current contentious environment. Here are three reasons why Republican elected officials should set the record straight and reclaim leadership of the principles they have been committed to for so long.

1. Perceived corruption is undermining free-market capitalism

In a recent op-ed for The Hill, Republican former state Sen. Jim Rubens of New Hampshire writes about the reasons the dominance of big money in politics leads to less freedom in the free market: "Business competes by buying influence or submitting to extortion in Washington, rather than by offering better products and services to consumers. Free markets are becoming crony capitalism."

Surveys show growing numbers are losing faith in free market capitalism and representative democracy. In 2015, the Committee for Economic Development, a nonpartisan, business-led public policy organization, released the report "Crony Capitalism," which concluded: "The remarkable success of capitalism in the United States has been made possible by widespread public support for that system. Sadly, in recent years, and especially since the September 2008 financial crisis, that support has seriously eroded. Increasingly the public is coming to view the system as unfairly benefitting the few and as favoring Wall Street over Main Street."

This is true especially among younger Americans and non-white Americans, both of whom will soon be majority voting blocks. Today 61 percent of Americans age 18-24 have a positive view of socialism, according to a recent Harris Poll.

Left unchecked, the report says, crony capitalism will continue to undermine public support for the American model of capitalism — and sap vitality from the economy. "This adds urgency to the task of finding solutions to the rise of crony capitalism."

2. Political money is undermining economic dynamism and innovation

The United States has seen a long-term decline in business startups and a growth in the economic power of entrenched companies according to The Hamilton Project's team. According to a report from the Economic Innovation Group, which tracks America's economic vibrancy, "The entrepreneurial and restless energy that once defined the United States seems to be evaporating as the economy grows more static, top-heavy, and concentrated. The decline of dynamism has been steep, rapid, and pervasive across all states."

The influx of money into our political system resulting from shifts in the law and Supreme Court decisions has led to skyrocketing election spending, and with it an escalating dependence on fundraising in Washington. This means the biggest players in the economy can increasingly shape the rules to their own benefit — leading to a top-heavy system designed to benefit entrenched players at the expense of competitors. The CED report describes "three interconnected trends responsible for distorting our economic system: a rise in the size and scope of government, campaign costs and lobbying."

3. The big money system is tipping to favor Democrats

Despite the critical importance of the previous two points, a cynic may argue that being better at playing the big money system gives Republicans the electoral edge. But that argument falters as Democrats begin to overtake Republicans in the big money spending race.

In 2018, liberal dark money groups outspent conservatives, and out-of-state liberal dark money groups have swayed recent state political contests, including Alabama's special Senate election. The pay-to-play political system is a costly arms race without a positive end for anyone but powerful special interests, who are successfully gaining outsize influence while undermining capitalism and democracy.

As recently affirmed by the Business Roundtable, our country has achieved two centuries of economic and political dominance based in large part on its belief in two revolutionary systems: the free-market economy and representative democracy. These systems have paved the way for our nation to improve the lives of its millions of citizens.

Today, faith in these systems has been shattered by the Supreme Court-sanctioned domination of wealth and concentrated power over our political system. Now is the time for political leaders of every ideological persuasion to align with the people and address the greatest danger threatening the very heart of our great nation: a pay-to-play political system that is rapidly transforming our republic into an oligarchy.


Latest news

“Pulling Donald Trump’s Teeth”
Ethics & Leadership

“Pulling Donald Trump’s Teeth”

Trump & Hegseth gave Mark Kelly a huge 2028 gift
Elections

Trump & Hegseth gave Mark Kelly a huge 2028 gift

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

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

Read More

a grid wall of shipping containers in USA flag colors

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.

Keep ReadingShow less
With the focus on the voting posters, the people in the background of the photo sign up to vote.

Should the U.S. nationalize elections? A constitutional analysis of federalism, the Elections Clause, and the risks of centralized control over voting systems.

Getty Images, SDI Productions

Why Nationalizing Elections Threatens America’s Federalist Design

The Federalism Question: Why Nationalizing Elections Deserves Skepticism

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.

The Constitutional Framework Matters

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.

Keep ReadingShow less
U.S. Capitol

A shrinking deficit doesn’t mean fiscal health. CBO projections show rising debt, Social Security insolvency, and trillions added under the 2025 tax law.

Getty Images, Dmitry Vinogradov

The Deficit Mirage

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.

Keep ReadingShow less
The United States of America — A Nation in a Spin
us a flag on pole
Photo by Saad Alfozan on Unsplash

The United States of America — A Nation in a Spin

Where is our nation headed — and why does it feel as if the country is spinning out of control under leaders who cannot, or will not, steady it?

Americans are watching a government that seems to have lost its balance. Decisions shift by the hour, explanations contradict one another, and the nation is left reacting to confusion rather than being guided by clarity. Leadership requires focus, discipline, and the courage to make deliberate, informed decisions — even when they are not politically convenient. Yet what we are witnessing instead is haphazard decision‑making, secrecy, and instability.

Keep ReadingShow less
© Copyright 2026