Trump's tariffs clearly unconsitutional - discussion and materials
- Thread starter mandrill
- Start date
US Federal Court. Dominion of Canada as applicant and either DJT or the USA as respondent.
Application for an injunction staying the EO with the tariffs.
Both countries are post industrial service-oriented luxury economies also with a resource extractive sector.
What does Canada have? Toronto's similar to Chicago in what it has and hasn't got.
You seem to be missing something here.
Go re read my first post.
Trump just doesn't care about the law, the US has already broken trade agreements.
Even when they are challenged, like the last WHO case, the US will just ignore the ruling if it goes against them.
Even when they are challenged, like the last WHO case, the US will just ignore the ruling if it goes against them.
Why?
I don't think that's true as far as the law is concerned.
Why would the judge get involved in a political question?
Maybe?
The law you posted just says he has to inform congress.
Nothing about having to go to them and ask permission or even allow oversight.
Why would a judge get involved in such a question?
That maybe.
Ya...I'm not the one missing something. Patriotism is nice and all that but your statement is childish & unrealistic. I'm open to be wrong but this is unlike you. This is more along the lines of Frankie's dumbness.
Lessee, one of the worlds largest economic & financial markets, largest patents, IP, R&D development, GDP per capita, blah blah ...and that's just thinking about it for 2 seconds. By comparison, Canada IS a backwater.
you are missing a lot
the quantity of fentanyl / precursors moving across the boarder is an estimate as it is illegal, not declared and thus any estimate is suspect
The argument that it is a small quantity is moot.
The issue is the US has for years requested help from Canada to reduce the flow of these chemical into the continent and these requests have been ignored
"it is a small quantity , so piss off and leave us alone", "its not our fault your citizens are junkies', 'have you considered safe FenFen supply sites?"
The proper / responsible response would be
Yes you are correct , fentanyl / precursors are poison and are killing both Canadian and US citizens
Our approach will be zero tolerance as 1 lb is 1 lb too many.
We shall implement action plans and advise you of the progress we are making
Now lets discuss what we can do together as partners, about the volumes of illegal hand guns entering Canada from the US.
Hand guns in Canada are illegal and that will not change. They are killing a lot of our citizens and we need your help here.
Re constitutional challenge
I doubt you would find an honest judge who would rule against presidential action to stem the flow of narcotics into the US
The volume of overdose deaths is impossible to ignore
Even though Trump is very likely using the fentanyl issue to apply economic leverage in order to get a better trade deal, this would most likely be ruled as speculation, not evidence.
Had Trudeau acted and acted decisively on the border issue, Trump might have had a problem here
But Trudeau ignored the requests.
Time will tell and you may find a partisan democrat judge , but US constitutional challenges are completely out of our control, and a ruling against Trump would be appealed so do not hang your hat on this for tariff relief.
Worth noting is jean Chretien once listed the responsibilities of the Prime Minister
The two most important responsibilities are
- Hold the country together
- Maintain the economic relationship with the United States
re economic relationship with the US - no question Trump is an asshole and a handful to deal with- but Trudeau needless and foolishly bad mouthed Trump for 4 years like a spoiled child.
Trudeau get a F or failure grade on both of his most important responsibilities
Last edited:
Because it's ultra vires of him just to do whatever shit he wants and not comply with the limits of the powers delegated to him by Congress.
Admin Law 101.
Congress has the constitutional power to make trade treaties and then delegates very limited emergency powers to levy emergency tariffs to the President.
That delegated power has to be scrupulously complied with in good faith.
Trump doesn't get to invent a frivolous, bad faith reason to claim an "emergency" has occurred and then rely on it to trigger bullshit emergency power to levy his own tariffs. This is really basic admin law.
And even more so when the bullshit reason is has got nothing to do with trade. And even more so when there is an elaborate trilateral treaty with its own complaint procedures and arbitration provisions.
@richaceg , I got a law degree and this is technical lawyer shit that you know fuck all anything about!
Last edited:
Buddy, I went to law school to learn this stuff.
I'm sure you tell your family doctor that he's wrong when he prescribes medication for you as well.
You're a fool at the best of times.
One would think a convicted felon would be honest and abide by all laws and contracts, especially the ones he signed.
I get that, I'm just not sure that the case law supports that, even if it would be reasonable.
There is a long history of "it doesn't matter what his reasons are, only if he can do it" in the American system.
So whether or not the emergency is made up is something for Congress to decide.
If there is an emergency declared, he has the right to declare tariffs.
It's entirely possible that the approach I am thinking of isn't in effect here.
From the document you linked in the beginning.
you went to law school you say
and yet you dispense with ethical behaviour by posting fake polling projections,
Lawyers are smart enough to fact check their material before representing it, especially what was obviously suspect
exactly what you expected to accomplish by deceit is a mystery
and you are 100% for destroying western core values and western institutions
so you have a trust and credibility issue
a huge no no for a lawyer.
did you graduate law school and get called to the bar ?
Have you racked up billable hours on US constitutional cases?
Is your monkey the senior partner in your law firm ?
Trump is no picnic and he is being an asshole
but a constitutional challenge is not going to get those tariffs lifted
completely out of our control
Last edited:
Trump has a lot of lawyers in his staffers...I'm pretty sure every step he makes are being looked at and scrutinized carefully... but hey the team of lawyers that Trump hires may not be as good as The Mandrill....I mean...he has studied Admin Law 101 after all...they got nothing on The Mandrill...
LOL
No.
That's been obvious from the first term as well.
They do try to come up with various bullshit interpretations to justify some things, but "scrutinized carefully" wouldn't really be the right way to describe it.
"I want to do that, find a legal loophole to let me do it, " is what he expects from his lawyers.
Fascists depend on people like you to seize power: we can rely on them being within the law.
