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What Congress can learn from the writers’ strike

What Congress can learn from the writers’ strike
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Richards is an American television and film writer based in Los Angeles, California. He attended Texas Christian University where he received a B.S. in Radio, Television, & Film and a minor in English.

As a television writer in Hollywood, I know a thing or two about business grinding to a halt. So earlier this month when Congress voted to remove Kevin McCarthy from his post as Speaker of the House, I noticed parallels with my own experience in the 2023 writers’ strike. It’s unnerving that working out deals between sharply opposing interests may be easier in Hollywood than in Washington. But the writers’ strike offers a few lessons for how Congress can get out of the mess it’s in.


Last May after America’s major production studios (known as the AMPTP) failed to meet the demands of the Writers Guild of America – of which I am a proud member – 98% of our union voted to authorize a strike. Writing on TV and film projects across the country froze for nearly five months until the studios and the Guild were finally able to negotiate a new contract for TV and film writers.

Congress didn’t take five months to work out a deal and get back to work, but the process was equally if not more exhausting. Three weeks and many potential candidates deep, the House began to look less like a functioning body, and more like a low-budget reenactment of Lord of the Flies, with many representatives vying for leadership only to be quickly rejected by their own party or by the full House.

But the fourth time proved to be the charm, as the Republicans finally found the votes to make Rep. Mike Johnson the new Speaker. But now we’re simply back facing all the problems we faced when this mess started. The government funding deadline is approaching quickly. The conflicts in Ukraine, Israel, and Palestine require America to act. Crucial legislation like the farm bill and the reauthorization of the Federal Aviation Administration still face big uphill battles.

And even with a Speaker, Congress has shown a penchant for dysfunction, with shenanigans like this year’s standoff over the debt ceiling and government funding. When Kevin McCarthy was first elected Speaker in January, the process took four days and 15 ballots, and he barely scraped by. Although the House finally chose a Speaker last week, the larger problems that caused this mess remain. Congress is fundamentally broken.

There is a key difference between the gridlock in Congress and the discord that led to the writer’s strike: conflict in Congress is binary, between two political parties at war with each other with a winner-take-all mentality. The entertainment industry – between its many studios, unions, and talent agencies – is multidimensional. There are many varying interests but they often find ways to work together for the good of the industry.

In contrast, Washington’s “us versus them” prevents actual work from being accomplished. Because 90% of representatives are elected in districts that are “safe” for their party, whether through gerrymandering or demographic sorting, there is little incentive for members of Congress to work with the other party. And increasingly, representatives have less incentive to work with people even within their own party.

Much of the trouble in Washington is caused by the broken way America elects Congress. We use winner-take-all elections where every district has just one representative. This is not the case in many other functioning democracies around the world. This single representative, winner-take-all system is why 90% of elections are uncompetitive. It’s also why America has only two parties that are pitted against each other.

Luckily, there is a solution to this mess.

One possible reform, called ranked-choice voting, is used by the Academy Awards to select the Oscar winners every year. In the Oscars it allows voters to rank nominees by order of preference, instead of just picking one candidate. This method allows a less polarizing, consensus winner to be chosen, rather than one that a few loved but the masses hated.

A reform like this would allow voters the option to elect more consensus representatives in the House, which in turn would hopefully lead to more cross party compromise and less demonizing of the other side.

A second reform, called Proportional Representation (PR), would allow multiple representatives to be elected in each district, in proportion to their amount of support.

So instead of one representative receiving 51% of the vote and winning 100% of that single seat, multiple candidates would compete for multiple seats. 40% of the vote would mean that a party gets about 40% of the seats, 60% of the vote would mean 60% of the seats, and so on.

With PR, not only could Democrats and Republicans compete for multiple votes, but third parties and independents could also compete without risk of “stealing” votes from the major party candidates. Having more than two parties in Congress could be beneficial as it would allow House members more groups to make deals and reach a consensus with – just like deals are made in Hollywood every single day.

That’s exactly what America needs right now – a voting system that encourages cooperation and compromise, not partisan warfare. That’s why, on top of being a television writer, I’m also proud to serve on the advisory board for Fix Our House, an organization advocating for proportional representation in U.S. House elections. Reaching this point will take time – but it’s crucial that we start having this conversation now, on Capitol Hill and around the country.

The stakes in Congress are high – much higher than the conflict that led to the writer’s strike. Congress limped its way towards choosing a Speaker. In the long run, it needs to come together and implement reforms that reduce partisanship and repair some long-standing issues in the House once and for all.


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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

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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