Trump's tariffs clearly unconsitutional - discussion and materials

richaceg

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Feb 11, 2009
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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.
I'm pretty sure every liberal looks at it like that...we all know what he just did...and within reason...if really does believe there's lack of effort from his neighbors to secure the border...Mecixo already asked him to reconsider...let's see if Trudeau will follow through and work with Drumph...
 
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Valcazar

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I'm pretty sure every liberal looks at it like that...we all know what he just did..
Sadly, I don't think we all know at all.
Lots of people don't know what he does.

if really does believe there's lack of effort from his neighbors to secure the border...
He doesn't, though.
He is saying it because it is useful to him.
Asking if Trump "believes things" is kind of a mug's game.

Mecixo already asked him to reconsider...
That's the problem.
His ask there (well, some of his asks) were things Mexico was already basically doing.
He's also not threatening to annex Mexico.
So much easier to get him to focus elsewhere for a while.

let's see if Trudeau will follow through and work with Drumph...
Trump may simply not let him.
After all, his big public ask is clearly bullshit he made up, so it isn't something Trudeau can really give him.
He also seems to have more personal animus towards Trudeau, maybe since Trudeau was around during the first term.

We will have to see what comes out of the talks.
 

mandrill

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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...
Just like his attempt to overturn the 14th Amendment last week, huh?

That died pretty quickly IIRC.
 
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mandrill

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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.

View attachment 403032

Here's the link for the case,

I didn't read it carefully. It related to Nixon putting a block on Japanese imports to redress balance of trade issues and the depletion of American monetary reserves. It's a court of appeal level case.

This is pretty clearly where Trump got his idea for the current tariff wars and why he thinks he might get away with it.

If the alleged reason for the crisis is frivolous or clearly bullshit or fake, I don't think the courts will refrain from striking the EO down. Nixon was competent and experienced, even if sketchy and odd in his personal life. It's one thing for a president to read conflicting opinions of whether international balance of trade has reached emergency levels and decide that it indeed has. I don't think any court is going to re read all the same conflicting opinions and then second guess the president's decision

It's another for a president to declare an emergency where none was previously thought to exist and then raise tariffs out of the blue for reasons which appear related only to his own demented ego.

And quite another for the president to allege that a small amount of fentanyl trafficked across the border should be dealt with by massive trade sanctions, unrelated to any law enforcement measures.

So I maintain my earlier opinion, although I note the case you drew to my attention.

Courts could skate around Yoshida pretty easily by simply saying that Trump's methods were disproportionate and not logically related to the emergency that he proclaimed.
 

Valcazar

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Here's the link for the case,

I didn't read it carefully. It related to Nixon putting a block on Japanese imports to redress balance of trade issues and the depletion of American monetary reserves. It's a court of appeal level case.

This is pretty clearly where Trump got his idea for the current tariff wars and why he thinks he might get away with it.

If the alleged reason for the crisis is frivolous or clearly bullshit or fake, I don't think the courts will refrain from striking the EO down. Nixon was competent and experienced, even if sketchy and odd in his personal life. It's one thing for a president to read conflicting opinions of whether international balance of trade has reached emergency levels and decide that it indeed has. I don't think any court is going to re read all the same conflicting opinions and then second guess the president's decision

It's another for a president to declare an emergency where none was previously thought to exist and then raise tariffs out of the blue for reasons which appear related only to his own demented ego.

And quite another for the president to allege that a small amount of fentanyl trafficked across the border should be dealt with by massive trade sanctions, unrelated to any law enforcement measures.

So I maintain my earlier opinion, although I note the case you drew to my attention.

Courts could skate around Yoshida pretty easily by simply saying that Trump's methods were disproportionate and not logically related to the emergency that he proclaimed.
I think the last is more likely from a quick scan of Yoshida.
That the president can make up whatever emergency he wants and the court won't question it seems to be in there.
But the court here does seem to reserve the right to say the final methods chosen to deal with it are fucked.
There's a lot in there about keeping the moves within the scope of things Congress has already decided.
So I think that's the angle people might take.
Not that the emergency is inherently bullshit, but that making up random tariff numbers on random things isn't part of the power.

(Thanks for finding the full case.)
 

Frankfooter

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Apr 10, 2015
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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.
Plus putting in judges who will do their duty to the party, not the law.
 
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mandrill

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I think the last is more likely from a quick scan of Yoshida.
That the president can make up whatever emergency he wants and the court won't question it seems to be in there.
But the court here does seem to reserve the right to say the final methods chosen to deal with it are fucked.
There's a lot in there about keeping the moves within the scope of things Congress has already decided.
So I think that's the angle people might take.
Not that the emergency is inherently bullshit, but that making up random tariff numbers on random things isn't part of the power.

(Thanks for finding the full case.)
But the courts will clearly shut down an EO if the "emergency" is preposterous. "The US is completely closing the border with Canada because a 5 year old girl from Cleveland lost her teddybear in Ontario and Trudeau wouldn't personally go find it for her" won't get you a positive court ruling that an emergency has occurred.

On the other hand, "there was a lot of concern about the trade balance with Japan and Nixon put up an emergency trade block" will create a situation where the courts won't second guess a political decision - very rightly IMO.

AFAIK there was no concern about balance of trade between the US and Canada before 2 weeks ago. No articles about depleting monetary reserves. And Trump is levying tariffs against all trading partners and - in the case of Colombia - clearly because there was a personal spat between 2 presidents.

And now Trump has pivotted back and fore between the law enforcement angle and the balance of trade angle. And also there's a 30-day reprieve based on working together on law enforcement. There's massive inconsistency.

And now it's not an "emergency" any more because there's a 30-day reprieve which which means that Congress can deal with the emergency itself.

It's flimsy as fuck and I think a judge would distinguish Yoshida and injunction the EO.
 
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Skoob

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I'm saying that it didn't originate in Canada.

And that tariffing Canada is not a logic response, even if the problem did come from here.

And that even if tariffing Canada were a logical response, it would still be such an over reaction that a judge would strike the EO down as illegal and unreasonable.
He wants the border fixed. Tariffs are the threat. It's that simple.

No one really knows how much fentanyl originates from Canada because they can't always trace the origin. So you need to secure all points of entry.

Looks like his threats are working based on the investment Canada is making.
 
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mandrill

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He wants the border fixed. Tariffs are the threat. It's that simple.

No one really knows how much fentanyl originates from Canada because they can't always trace the origin. So you need to secure all points of entry.

Looks like his threats are working based on the investment Canada is making.
Read my posts, skooby.

"I think that Ireland is infecting Canada with Potato Plague and I decree a 100% tariff on all Irish products. I don't really know how much Potato Plague is coming in, but who GAF?!?!?"
 
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Skoob

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Are you just thick or just so desperate that you need to make shit up and put words in other people's mouths?
How is asking a question "putting words in other people's mouths"?

Seems to me that the question is one you don't want to or can't answer so rather than answering you go on the attack as a distraction tactic.

Did I get that right?
 

Skoob

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But since you bring up the "opioid crisis" may I remind you that it was the good old American capitalist system of profit driven medicine that got so many American's hooked on opiods?

The Sackler Family and their drug company Perdue actively promoted and bribed US Doctors to dole out Oxycontin like they were baby aspirins. It was the UNITED STATES that created this crisis. Not Canada, not Mexico, not Chyyyynah! American GREED, their own corrupted stock market capitalism that values quarterly results over sustainable, responsible business. Their corrupt medical system controlled by profits of health insurance companies and pharmacy benefit management companies all using Oxycontin as a pain killer instead of surgery etc. All of that created 2-3 generations of opioid addicts. Then, the Puritanical govt decides that since OxyContin is so bad, that they will do a deep rectal exam and prosecute Doctors who prescribe it, so Doctors stop prescribing pharmaceutical grade drugs. What do the opoiod addicts do? They go black market.

Never mind the recreational drug users who would pop a cople Oxys to get high. They, again, came from the fucked up USA medical/pharmacueticl insurance benefits that patients diverted to the black market.

Then these people become addicts.

Oxycontin and other scheduled opiate, or opiate-like pharmaceuticals were pretty much banned. Enter fentanyl! (Wasn't there some other street synthetic opiod between Oxycontin and fentanyl?)

Americans are known gluttons with little regard for their long term health. Look at their foods! Everything is processed and full of sugar and salt. Same with drugs. Americans love their food, alcohol and drugs like no one else! So THE AMERICANS are the source of the drug problem. And they brought it here, to Canada. We are not the problem.

But along your lines... are you saying this "opioid crisis" isn't just a drummed up excuse for Trump to invoke Acts so he can take control from Congress and the Senate and vest it in the Oval Office?
Cool story bro.

He's trying to stop the flow to address the crisis. Of course people who suffer from TDS will spin that as a bad thing.
Shame on you.
 
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Skoob

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Read my posts, skooby.

"I think that Ireland is infecting Canada with Potato Plague and I decree a 100% tariff on all Irish products. I don't really know how much Potato Plague is coming in, but who GAF?!?!?"
It's funny...that's the type of answer I expected from you.

I guess you're done now?
 

mandrill

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It's funny...that's the type of answer I expected from you.

I guess you're done now?
How many lbs of fentanyl were intercepted at the Canadian border, Skoob?
 

danmand

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Nov 28, 2003
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How many lbs of fentanyl were intercepted at the Canadian border, Skoob?
Can anybody explain how 10,000 soldiers or 1,000,000 soldiers will be able to stop 20 lbs of fentanyl getting across the border from Canada?
 

mandrill

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Can anybody explain how 10,000 soldiers or 1,000,000 soldiers will be able to stop 20 lbs of fentanyl getting across the border from Canada?
Anal searches of all border crossers - man, woman and child!!!! :D
 

danmand

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Nov 28, 2003
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Anal searches of all border crossers - man, woman and child!!!! :D
I was in Williamsburg last Thursday, and

1. When I passed the border to Buffalo, I was interrogated by American Border Guards

2. When I came back to Niagara, I was interrogated by Canadian Border Guards.

Where and when are the 10,000 Canadian soldiers going to search the travellers anally?
 

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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But the courts will clearly shut down an EO if the "emergency" is preposterous. "The US is completely closing the border with Canada because a 5 year old girl from Cleveland lost her teddybear in Ontario and Trudeau wouldn't personally go find it for her" won't get you a positive court ruling that an emergency has occurred.

On the other hand, "there was a lot of concern about the trade balance with Japan and Nixon put up an emergency trade block" will create a situation where the courts won't second guess a political decision - very rightly IMO.
Except the precedent is firmly fixed here that the court can't weight in on whether or not an emergency has occurred.
Now, it is possible something sufficiently ridiculous would make them revisit that question, but "this isn't something a court can decide" does tend to hold a lot of weight in the US system.
It becomes a jurisdiction/standing issue.

AFAIK there was no concern about balance of trade between the US and Canada before 2 weeks ago. No articles about depleting monetary reserves. And Trump is levying tariffs against all trading partners and - in the case of Colombia - clearly because there was a personal spat between 2 presidents.

And now Trump has pivotted back and fore between the law enforcement angle and the balance of trade angle. And also there's a 30-day reprieve based on working together on law enforcement. There's massive inconsistency.

And now it's not an "emergency" any more because there's a 30-day reprieve which which means that Congress can deal with the emergency itself.

It's flimsy as fuck and I think a judge would distinguish Yoshida and injunction the EO.
I think any court case based on "he had no right to declare an emergency" fails off the bat.
Mind you, any competent court case is going to take multiple angles anyway, so it is kind of moot.
 
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