The Slippery Slope: How Core Freedoms Are Disappearing
Since Donald Trump’s inauguration, the country has embarked on the slippery slope toward autocracy. When the military is deployed to quell overwhelmingly peaceful protest, when elected officials of the opposing party are arrested or handcuffed, when student activists are jailed and deported, and when a wide range of civic institutions – non-profits, law firms, universities, news outlets, the arts, the civil service, scientists – are targeted and penalized by the federal government, it’s hard to avoid the conclusion that our core freedoms are disappearing before our eyes. We are at best, now a flawed democracy. While it’s not surprising that the spineless congress has let this happen, the Supreme Court of the United States (SCOTUS) has granted the executive branch more power than at any time in history.
Violating the Power of the Purse: How Trump Levied an Illegal Tax
The constitutionality of the tariffs imposed by the Trump administration in its second term is currently a major legal issue, with the matter heading to the Supreme Court. Dollars to donuts, SCOTUS will side with Dictator Trump. The U.S. Constitution is very clear that the executive branch does not have the authority to levy taxes. Per the Taxing and Spending Clause: Article I, Section 8, Clause 1 grants Congress the power “To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States”. This is the source of Congress’s power to raise government revenue. When paired with Article I, Section 9, Clause 7 of the Constitution, these provisions establish the “power of the purse,” a foundational principle of the separation of powers. It ensures that the legislative branch, which is closest to the people, retains the ultimate control over government funds.
The Legal Loophole: How Trump is Using IEEPA for Tariffs
The International Emergency Economic Powers Act (IEEPA), passed in 1977, is a US law granting the President broad authority to regulate international commerce during a declared national emergency. This law has been foundational to the US sanctions regime, allowing the President to take decisive economic actions in response to foreign threats. Following 9/11, President George W. Bush used it to freeze terrorist assets. President Barack Obama employed IEEPA in 2015 to authorize sanctions against foreign hackers. Trump is using this same law to levy Tariffs, not just on countries viewed as a potential threat, but also long-term allies.
The Supreme Court Showdown: Will SCOTUS Sanction Authoritarianism?
It is not surprising that a federal appeals court recently ruled that many of these tariffs were illegally imposed because the administration overstepped its authority. Under IEEPA, presidents may take emergency economic measures. the appeals court determined that it does not grant the power to impose broad, sweeping tariffs.
Based on the recent support of an authoritarian executive branch by SCOTUS, this obvious overreach will most likely be sanctioned by the Supreme Court. This will just further erode the longstanding principles that are the foundation of our democracy.
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