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US Trade Court finds Trump tariffs illegal

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241–250 of 568 posts

Re: US Trade Court finds Trump tariffs illegal

#241
post #62

Earlier quoted context omitted.

Better hope this bill that house republicans have passed dies in the senate, since in effect it lets Trump override the courts: https://robertreich.substack.com/p/the-hidden-provision-in-t...

That sounds like immediately forcing a constitutional crisis. It’s essentially a coup of two branches against the third.

> It’s essentially a coup of Republicans

Do not pretend otherwise.

Re: US Trade Court finds Trump tariffs illegal

#242
post #224

Earlier quoted context omitted.

This idea that the president has unrestricted ability to set foreign policy is an invention of this particular administration. In truth, powers are split between the executive and legislative branches [1]. Most notably, only Congress can declare war, which has been a real sticking point in the last century and why, for example, the Korean War wasn't technically a war (it was a "police action") and why the Vietnam War…

> Most notably, only Congress can declare war, which has been a real sticking point in the last century and why, for example, the Korean War wasn't technically a war (it was a "police action") and why the Vietnam War wasn't either. I keep seeing this brought up as some kind of "gotcha" point, but those wars involved conscription and billions of dollars of additonal military funding, all of which was presumably approv…

It's not a "gotcha". It's just objective fact. There were no war resolutions for Korea and Vietnam.

If anything it demonstrates a more recent trend where the executive oversteps its authority to engage in military action and to bypass Congress.

As for conscription, this was enabled by Congress in WW2 by "selective service" [1]. The administration maintains the authority to draft male citizens of a certain age into the military without explicit Congressional approval.

[1]: https://en.wikipedia.org/wiki/Conscription_in_the_United_Sta...

Re: US Trade Court finds Trump tariffs illegal

#243
post #131

I'm not a lawyer or even close to it, but why wouldn't the trump admin use the tariff act of 1930? quote: "Whenever the President shall find as a fact that any foreign country places any burden or disadvantage upon the commerce of the United States by any of the unequal impositions or discriminations aforesaid, he shall, when he finds that the public interest will be served thereby, by proclamation specify and declar…

> (other than being almost 100 years old) Age alone shouldn't disqualify a law. The law above all other laws, aka the Constitution, is more than 200 years old.

People love to say things like this, but much like electing an 80 year old president, it should perhaps be a trigger for a more thorough evaluation.

Re: US Trade Court finds Trump tariffs illegal

#244

Earlier quoted context omitted.

He would have to convince the courts that I don't like having a trade deficit with anyone somehow means our trading partners are "placing a burden or disadvantage upon the commerce of the United States by any of the unequal impositions or discriminations aforesaid"

I don't think it requires the courts to agree - just that there's a burden or disadvantage and that it's in the "public interest" which seems like a pretty low bar to make up a story that sounds plausible. i think the idea that a trade deficit is a disadvantage is kinda brain dead, but it's plausible sounding enough to argue in court. throw in unequal tariff rates and it seems like an easier win than the IEEPA's emer…

That is a fundamental misunderstanding of how the judicial, legislative, and executive branches are set forth in the constitution. The co-equal branches are supposed to check and balance each other. Merely making up a "story that sounds plausible" but is in fact "brain dead" should not be enough for the courts. That should be such an obviously losing argument that the executive is immediately injunction to cease while the court case proceeds and eventually definitively determined to be acting illegally.

Re: US Trade Court finds Trump tariffs illegal

#246

I'm not a lawyer or even close to it, but why wouldn't the trump admin use the tariff act of 1930? quote: "Whenever the President shall find as a fact that any foreign country places any burden or disadvantage upon the commerce of the United States by any of the unequal impositions or discriminations aforesaid, he shall, when he finds that the public interest will be served thereby, by proclamation specify and declar…

He would have to convince the courts that I don't like having a trade deficit with anyone somehow means our trading partners are "placing a burden or disadvantage upon the commerce of the United States by any of the unequal impositions or discriminations aforesaid"

> unequal impositions or discriminations

When it comes to china, this is definitely true. The rest of the world not so sure

Re: US Trade Court finds Trump tariffs illegal

#248

I'm not a lawyer or even close to it, but why wouldn't the trump admin use the tariff act of 1930? quote: "Whenever the President shall find as a fact that any foreign country places any burden or disadvantage upon the commerce of the United States by any of the unequal impositions or discriminations aforesaid, he shall, when he finds that the public interest will be served thereby, by proclamation specify and declar…

Because the very act of being limited is emasculating and wouldn't close trade deficits in non-services, which he erroneously believes are some sort of taking-advantage-of, or at least, sees as an opportunity as a dominance ritual -- which would be utterly mundane, its traditional in autocratic regimes. Other Nations are always taking advantage of Us. We're in an odd spot in America, whites born here have freedom of…

I'm seeing lots of big business bending over backwards to erase all the words that are it of favor with the "free speech absolutists" in the GOP. And good luck of you've ever written anything down suggesting that maybe bombing Gaza isn't awesome...

Freedom of speech is looking pretty damn thin at the moment.

Re: US Trade Court finds Trump tariffs illegal

#249
post #246

Earlier quoted context omitted.

He would have to convince the courts that I don't like having a trade deficit with anyone somehow means our trading partners are "placing a burden or disadvantage upon the commerce of the United States by any of the unequal impositions or discriminations aforesaid"

> unequal impositions or discriminations When it comes to china, this is definitely true. The rest of the world not so sure

Huh? American and European CEOs voluntarily move manufacturing to China, now everything gets made in China. And that's somehow China discriminating western countries?

Re: US Trade Court finds Trump tariffs illegal

#250
I'm really surprised to see this on the front page. Usually stories like this move off the front page in minutes. It's not because of flagging though. I had asked the question on a previous article which disappeared off the front page in minutes and Dang was kind enough to provide an explanation https://news.ycombinator.com/item?id=43487014

The relevant bit from his explanation was

"Mostly that's because this general topic (His You-Know-Whoness) is the most repetitive/indignant one that HN has experienced in recent months. We're trying to avoid that, not because of the specific topic, but because those qualities (repetition and indignation) are the opposite of what the site is for, and destroy what it is for."

So, contrary to popular perception, it's not the flag/downvote brigade which causes these stories to disappear off the front page.

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