Trump Tariffs and Birthright Citizenship: Limits of Power
Summary of Trump’s Use of Executive Power & Supreme Court Response
this article details donald Trump’s aggressive expansion of executive power and the Supreme Court’s largely passive response thus far. Here’s a breakdown of the key points:
Trump’s Actions:
* Reshaping the Government: Trump acted unilaterally to cut spending,reduce staffing,and fire officials (including independent agency inspectors general) appointed by Congress.
* Immigration Enforcement: He increased arrests and deportations of undocumented immigrants.
* Tariffs: He imposed important, worldwide tariffs without Congressional approval, aiming to fund the government through import taxes (a return to pre-1913 practices). He described tariffs as a way to make the US “rich.”
* Justification for Tariffs: His governance justified the tariffs using the International Emergency Economic Powers Act of 1977 (IEEPA),arguing that the power to “regulate importation” includes the power to impose tariffs.
Supreme Court’s Response (So Far):
* “Rubber Stamp”: Legal experts,like Dean Erwin Chemerinsky,criticize the Court for largely approving Trump’s actions without providing a check on his power.
* Roberts’ Stance: Chief Justice Roberts, previously seen as a moderate Republican, hasn’t shown a willingness to limit Trump’s authority.
* Conservative Ideology: The Court’s conservative justices generally beleive in broad presidential authority over federal agencies and immigration enforcement – views held before Trump’s presidency.
* Deferential Approach: Trump’s lawyers argue the Court should defer to the President on tariff matters, citing national security concerns.
Looking Ahead:
* Upcoming Tests: Experts believe the coming year will be a more significant test of the Court’s willingness to challenge Trump, wiht cases involving tariffs, birthright citizenship, and the definition of “alien enemies” expected.
* Tariffs Case Urgency: The Trump administration rushed the tariffs case to the supreme Court,preferring a quick loss to avoid a perhaps larger financial problem ($1 trillion) if the Court delayed a ruling.
* Uncertainty Remains: University of Chicago law professor William Baude notes it’s “too soon to tell” if the Court will ultimately act as a check on Trump’s power.
In essence, the article portrays a situation where Trump is pushing the boundaries of executive power, and the supreme Court, dominated by conservatives, has so far been hesitant to push back. the upcoming cases, particularly the tariffs case, are seen as crucial indicators of whether the Court will ultimately fulfill its role as a constitutional check on the executive branch.