Just Once—Can an American Court Please
Side With America?
Townhall,
by
Kevin McCullough
Original Article
Posted By: ladydawgfan,
5/29/2025 9:03:28 PM
How much longer are we going to tolerate American judges kneecapping American interests from behind the bench?
In the latest act of judicial self-sabotage, a federal appeals court has decided that President Donald J. Trump—yes, the duly elected President of the United States—isn’t allowed to impose tariffs to protect American industries (Snip) Let’s get one thing straight: President Trump enacted those tariffs using the clear authority granted to him under Section 232 of the Trade Expansion Act of 1962. The law allows the President to take action to restrict imports if those imports are found to threaten national security. Not luxury. Not convenience. Security.
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Reply 1 - Posted by:
seamusm 5/29/2025 9:53:43 PM (No. 1957187)
This is because Chief Justice Roberts lied when he swore to uphold the US Constitution. Because he could end all this lawfare tomorrow but seems to have been born without the cajónes to do his job. Or maybe it is simply because he hates Trump more than he loves Justice. Either way, this is Roberts doing.
20 people like this.
Reply 2 - Posted by:
Scribelus 5/29/2025 9:58:20 PM (No. 1957188)
The clear and ringing answer is NO! They are creatures of the impotent and feckless Congress and they all belong to the same union.
14 people like this.
Reply 3 - Posted by:
stablemoney 5/29/2025 10:44:33 PM (No. 1957207)
I am wondering how long we can tolerate Republicans appointing activist judges. Do Republicans do anything?
11 people like this.
Reply 4 - Posted by:
JimBob 5/30/2025 12:29:30 AM (No. 1957231)
Why have a President?
The Leftist Judge apparently make every important decision in the Federal government.
10 people like this.
Reply 5 - Posted by:
NotaBene 5/30/2025 1:12:19 AM (No. 1957241)
I have a suggestion: on July 9 the negotiation with the EU expires. Let the proposed 50% Tariffs begin that day to encourage the others.
5 people like this.
Reply 6 - Posted by:
5 handicap 5/30/2025 5:55:18 AM (No. 1957286)
Those courts have ONLY as much authority as the executive is willing to enforce!
Mr Trump, PLLEEAASE tell em they do not have the authority to issue those orders and to take a Hike!
10 people like this.
Reply 7 - Posted by:
cor-vet 5/30/2025 12:58:38 PM (No. 1957491)
I firmly believe all judges were former shyster lawyers. The good ones just haven't had anyone meet their price, yet!
1 person likes this.
Reply 8 - Posted by:
cor-vet 5/30/2025 1:01:06 PM (No. 1957495)
I believe all judges are former, ambulance chasing shyster lawyers. The good ones just haven't had their price met yet!
1 person likes this.
Reply 9 - Posted by:
Geoman 5/30/2025 1:36:16 PM (No. 1957525)
"Side with America?" What is more "American" than our government's (all three branches) adherence to our Constitution, the binding glue of our nation's governance? In clear language, with no need to interpret 'implied' powers from arcane language, the Constitution unequivocally gives the power and authority on taxation, including tariffs, exclusively to Congress. The Trade Expansion Act of 1962 was enacted by a democrat congress and signed into public law by a democrat president; it's constitutionality was questioned but not fully adjudicated; however, it remains the case that no public law, act of congress, or demands of a populist political movement, outweigh the Constitution. Calls to ignore, pretend ignorance, or sidestep the Constitution are decidedly anti-American. The author appears to believe that Congress completely delegated its tariff authority to the president but that would violate Article 1, Section 1 of our Constitution, the Vesting Clause, which states: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." That the Framers of our Constitution saw taxation, including tariffs, as a legislative power was made clear by language and placement, not within Article 2 or 3, but within Article 1 Section 8: “The Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises (tariffs).” Since 1913, when the 16th amendment legalized the income tax, which supplanted tariffs as a primary source of government revenue, tariffs became less contentious, so legal issues regarding the constitutionality of delegating the enumerated powers of Congress to the president fell by the wayside but are coming to the fore again in 2025. If any popular political movement (progressive, populist, conservative, or otherwise), believes their aims are stymied by the Constitution, they are free to propose, pass, and submit to the states for ratification their amendment of choice.
0 people like this.
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