Good to know. What I want to know is, who will stop him? If Congress impeaches, will the Senate ever move to convict him? His MO is to push everything to the limit and beyond, so even if they do, what's to stop him from ordering the military to attack Congress?
None of these alternative statues give Trump what he wants and what he used the IEEPA for, which is unlimited power to use tariffs to force specific countries to comply with his edicts and more importantly to stop laughing at him. The SCOTUS took that away leaving him with the only other kind of power that he knows how to use: missiles and war ships. The next few months may prove disastrous for the US and for the world.
As comedians say: the last few months have been disastrous, but the next few months will be disastrous, too. Just lots of ... disaster ... going around. (cue grim laughter) Sooo, as I was saying: giant meteor ...
I suspect that 122 was used for grift: numerous exemptions of specific companies were made, quite often after a company personally met with Trump or his family members.
> “Although I firmly disagree with the Court’s holding today, the decision might not substantially constrain a President’s ability to order tariffs going forward,” Kavanaugh wrote, “because numerous other federal statutes authorize the President to impose tariffs and might justify most (if not all) of the tariffs at issue in this case—albeit perhaps with a few additional procedural steps that IEEPA, as an emergency statute, does not require.”
Yes. My bet is they are going to try to say that a “balance of payments” problem is a “payments problem”, which maybe it is maybe it isn’t. It certainly sounds like it wasn’t what the framers of this particular law had in mind but there we are.
> they are going to try to say that a “balance of payments” problem is a “payments problem”
"The balance of payments consists of two primary components: the current account and the...financial account" [1]. The current account is the trade deficit or surplus in goods and services. The financial account (a/k/a the capital account) tracks movement of money.
If you have a free-floating currency, your balance of payments is always zero. This is the principle advantage of a free-floating currency: your exchange rate adjusts to finance trade deficits and invest surpluses [2]. America does not have a balance of payments problem because America doesn't fix the price of a dollar.
The best the U.S. could argue for § 122 jurisdiction is that a trade deficit constittues a fundamental international payments problem. That is, of course, nonsense from an economics perspective. But I don't know how these terms have been used in U.S. trade law. (My strongest argument against the author's argument woudld be that the Congress passing statute that "no longer applied by the time the Trade Act was introduced" merits deeper scrutiny of Congressional intent.)
America is a global superpower. Trump is not bound by laws, anymore than Bush 1 and 2 were restricted in Iraq, LBJ in Vietnam, FDR in everything, and on and on. It really doesn’t matter. Some loophole will be found. It’s meaningless
Elect a new president who decides they care again about restrictions on American trade. Your only hope
America wasn't always a global superpower either and maybe it won't remain one. But it's still useful to operate within the context of the reality we live in, which is what monero was describing.
Because the Senate had the votes to convict and remove him from office. Presidents don’t resign absent the rule of law, largely because that constitutes a death sentence.
Like common, American top level politicians are protected against the law like no one else. They can commit any crimes, literally, and norms are to look away and celebrate them anyway.
Good to know. What I want to know is, who will stop him? If Congress impeaches, will the Senate ever move to convict him? His MO is to push everything to the limit and beyond, so even if they do, what's to stop him from ordering the military to attack Congress?
None of these alternative statues give Trump what he wants and what he used the IEEPA for, which is unlimited power to use tariffs to force specific countries to comply with his edicts and more importantly to stop laughing at him. The SCOTUS took that away leaving him with the only other kind of power that he knows how to use: missiles and war ships. The next few months may prove disastrous for the US and for the world.
I'd say the past few months have also been disastrous. I don't think there's been one lasting good thing with Trump at the helm.
As comedians say: the last few months have been disastrous, but the next few months will be disastrous, too. Just lots of ... disaster ... going around. (cue grim laughter) Sooo, as I was saying: giant meteor ...
> give Trump what he wants … unlimited power
This is a species of a genus.
> the only other kind of power that he knows how to use …
The truth is that he knows how to abuse all kinds of power. In the immortal words of Office Space, he celebrates the entire catalogue.
> missiles and war ships
Turns out the Constitution doesn't let him do that without permission either!
> stop laughing at him
What would it be like if we had a Freaky Friday situation in which a six-year-old's mind inhabited the body of the POTUS? Hold my beer.
> Turns out the Constitution doesn't let him do that without permission either!
He is using them without permission tho. The army is regularly murdering people in pacific and Hegseth is all proud of it. Makes them feel manly.
In general I agree with you that enabling and caving is wrong. But, army is already commiting crimes.
I suspect that 122 was used for grift: numerous exemptions of specific companies were made, quite often after a company personally met with Trump or his family members.
> “Although I firmly disagree with the Court’s holding today, the decision might not substantially constrain a President’s ability to order tariffs going forward,” Kavanaugh wrote, “because numerous other federal statutes authorize the President to impose tariffs and might justify most (if not all) of the tariffs at issue in this case—albeit perhaps with a few additional procedural steps that IEEPA, as an emergency statute, does not require.”
https://www.scotusblog.com/2026/02/supreme-court-strikes-dow...
I don't think the legal path is how these issues will be fixed.
If the Trump administration have proven anything, it's that law can be ignored with very little consequences.
We've known that since Andrew Jackson. The only good thing Nixon did was choose to resign. Nothing was done to him though.
Our society has finally degenerated enough that this particular flaw is being actively exploited
> Section 122 does not define the phrase “fundamental international payments problems.”
This seems like the gaping hole that this will be driven through.
Yes. My bet is they are going to try to say that a “balance of payments” problem is a “payments problem”, which maybe it is maybe it isn’t. It certainly sounds like it wasn’t what the framers of this particular law had in mind but there we are.
> they are going to try to say that a “balance of payments” problem is a “payments problem”
"The balance of payments consists of two primary components: the current account and the...financial account" [1]. The current account is the trade deficit or surplus in goods and services. The financial account (a/k/a the capital account) tracks movement of money.
If you have a free-floating currency, your balance of payments is always zero. This is the principle advantage of a free-floating currency: your exchange rate adjusts to finance trade deficits and invest surpluses [2]. America does not have a balance of payments problem because America doesn't fix the price of a dollar.
The best the U.S. could argue for § 122 jurisdiction is that a trade deficit constittues a fundamental international payments problem. That is, of course, nonsense from an economics perspective. But I don't know how these terms have been used in U.S. trade law. (My strongest argument against the author's argument woudld be that the Congress passing statute that "no longer applied by the time the Trade Act was introduced" merits deeper scrutiny of Congressional intent.)
[1] https://en.wikipedia.org/wiki/Balance_of_payments
[2] https://fraser.stlouisfed.org/files/docs/meltzer/fribal67.pd...
America is a global superpower. Trump is not bound by laws, anymore than Bush 1 and 2 were restricted in Iraq, LBJ in Vietnam, FDR in everything, and on and on. It really doesn’t matter. Some loophole will be found. It’s meaningless
Elect a new president who decides they care again about restrictions on American trade. Your only hope
Okay monero. Just because our country has slipped towards an over powerful executive does not mean it was always so, not will remain so.
America wasn't always a global superpower either and maybe it won't remain one. But it's still useful to operate within the context of the reality we live in, which is what monero was describing.
> Trump is not bound by laws
That’s what Nixon thought too.
Nixon resigned. Was he ever even charged with a crime?
Nixon was pardoned by Gerald Ford in 1974 before the grand jury and prosecutors could decide whether to charge him.
https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-8...
> Nixon resigned
Because the Senate had the votes to convict and remove him from office. Presidents don’t resign absent the rule of law, largely because that constitutes a death sentence.
Which president was executed?
Like common, American top level politicians are protected against the law like no one else. They can commit any crimes, literally, and norms are to look away and celebrate them anyway.