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

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

What if the United States is not ripped apart?

What if the United States is not ripped apart?
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Dave Anderson
By Dave AndersonSep 06, 2023
Dave Anderson
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Anderson edited "Leveraging: A Political, Economic and Societal Framework" (Springer, 2014), has taught at five universities and ran for the Democratic nomination for a Maryland congressional seat in 2016.

What if the United States is not being ripped apart? Before there can be growth, whether you are thinking about the life of an individual, a sports team, a muscle or an entire nation, there has to be tension, conflict, and pain. Otherwise, things are calm, stable, moving along smoothly.

The conventional wisdom is that our country is polarized, progressives at war with conservatives, enraged advocates on opposite sides of the fence on matters ranging from guns and abortion to immigration, to teaching gender identity in middle school, and religious freedom and the rights of the LGBTQ community to purchase products and services from companies of their choice. Moreover, Washington, D.C. is regarded as the microcosm of the enraged citizens fighting in the North, the South, the Midwest, and the West. The political system itself is regarded as broken due to gerrymandering, distrust of politicians, distrust of the judicial system, and the corrupt role money plays in politics.

Although Washington, D.C. is the epitome of polarization, the country actually is not polarized. Gallup reports in almost every month in the past year that between 40 % and 44% of American voters identify as independents. Sure, 60% of the country is polarized, and half of that 60% is very polarized. But 60% of the country is not the country.

On some of the major policy areas that the polarization narrative features, abortion and guns, majorities of over 60% of the voters are on the same side: There is no close tug of war among the people on the question of whether Roe v. Wade should have been overturned (solid majority says no) or whether the country needs stronger regulation of guns (solid majority says yes), including background checks for anyone who wants to purchase a gun. How could the country be polarized if 40 to 44 American voters out of 100 do not regard themselves as members of the political parties which MSNBC and Fox News tell us represent the American people and are at war with each other?

Now imagine a possible though admittedly not probable future: What if Mr. Trump, wrestling with four indictments, does not make it to the Republican nomination? What if Republican voters pick former South Carolina Governor Nikki Haley? Or what if they pick someone out of the purple like swing state Virginia Governor Glenn Youngkin as their nominee?

And what if there is a surge of independents who back the centrist ticket for president and vice president that No Labels has threatened to run (though not fund) if the "environment" is right? Democratic West Virginia Senator Joseph Manchin and former Republican Utah Governor Jon Huntsman have been floated as possible candidates. And what if a bold centrist ticket as opposed to a moderate centrist No Labels ticket emerges that draws the support of many independents?

If Trump is sidelined for, say, Haley, and Manchin and Huntsman have the No Labels backing, a bold centrist ticket emerges, and President Biden and Vice President Harris stay in the race and possibly they become bold centrists, then the leading candidates in the race for president would all be speaking from a broadly sensible point of view. The general election would be absent of hatred, viciousness, craziness, and unconstitutional proposals.

Since the rise of information technology, especially the internet and social media, things change faster than ever before. We therefore should not be too surprised if the country takes a turn in a direction away from the pathetic place where it is today.

The odds do not favor this development, but it cannot be assumed that it will not come about.

With about 100 million American adults who do not think of themselves as Democrats and Republicans, and with a recognizable number of dissenters in both parties in Washington, we must admit that the future is open. Trump is not destined to serve a second term in the White House, and he may end up serving time in a federal prison.

The anxiety, the anguish, the fighting, the meanness that we see daily in the news may be the body politic articulating what the extremists and purists believe and feel but not what 40% -- even 50% -- of American adults believe and feel. At the heart of the American experience there is decency, there is respect for the law, there is love of family, and there is hope for the future. We may yet see the independents, the moderates, and the centrists take control of our destiny.


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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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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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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.

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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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