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

When Separation of Powers Becomes a Suggestion

When Separation of Powers Becomes a Suggestion

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

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

An illustration of two hands controlling a small person attached to strings.

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

Landmark balance-of-power fight heading to court once Trump issues first veto

David Hawkings
By David HawkingsMar 05, 2019
David Hawkings
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The winter's biggest fresh test of a functional democracy, the balance-of-powers fight between the executive and legislative branches over the border wall, now seems certain to get settled by the judicial branch.

Bipartisan majorities are now locked down in the Senate as well as the House to oppose President Donald Trump's declaration of a national emergency. Now that four Republicans (Kentucky's Rand Paul most recently) have come out to join the Democrats against the president, as many as eight more may well conclude it's best for them to also jump on that oppositional bandwagon. These Republicans will be concluding it's politically safer (or better for their senatorial contentment in the long haul) to put their professed fealty to rule-of-law ahead of their usual tribal loyalties.

Even if all of them do so – and the timing of the vote is not yet set – that's still not nearly enough to overcome what looms as their first veto of the Trump presidency. There's nothing close to a two-thirds majority for an override in the House, either, even if the number of Republican iconoclasts (13 on the initial vote) doubles in the second round.

Therefore, despite suffering a rare congressional rebuke and the embarrassment of unusual defections from lawmakers in his own party, Trump is going to end up gutting out a huge victory for expansive presidential power – if only temporarily. The federal court system, and ultimately the sharply divided Supreme Court, will settle the matter once and for all.

And the ruling will have much more lasting consequence than whether $4 billion in congressional appropriations decisions made last year get countermanded in order to finance approximately 55 miles of brocades along the Mexican border.

More importantly, the court will be asked to decide the limits of a president's power to set policies and spend money against the expressed will of Congress – including by declaring a national emergency that bipartisan majorities on Capitol Hill flatly declare does not exist. The justices will end up having to decide which power triumphs over the other, the legislative branch's power over the purse or the executive's powers to act in the name of protecting national security.

"The four current Democratic appointees historically have voted as a block consistently with the Democrats' political position on every controversial issue. I cannot think of anywhere they have broken ranks. They have used their brilliance to find arguments to support an ideological view. That means if just one of the Republican appointees on the court joins them, the president will lose the legal fight," Ron Sievert, a professor of national security and international law at the Bush School of Government at Texas A&M university, wrote this week.

Chief Justice John Roberts has sided with the liberal bloc on several of the most prominent cases of the past decade, he wrote, while Justice Samuel Alito is not always reliably conservative and Justices Neil Gorsuch and Brett Kavanaugh don't have a long enough paper trail on the court to make an easy prediction. "Thus, although a number of legal experts have written that they believe the president is on solid ground with his emergency order, I believe it could be a very hard case at the Supreme Court," Sievert concluded.


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

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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.

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