I have been told by many so called conservatives that the courts only strike down Republican laws, never Liberal ones. This is patently untrue, but I cannot control the way you think as you have been programmed by tv media to think the way you do.
The Constitution says that taxes must originate in the House of Representatives, not the Senate, nor by Executive Order from the Executive branch. The reason for this is our Founders set up a process where checks and balances are a thing. Large states like California, Texas, and Florida get a large says about matters in the House, while small states like Rhode Island, the Dakota’s, and Montana can hold a larger say in the Senate on matters. The Executive branch is not allowed to issue Executive Orders on certain things; they must originate in the House.
“Sorry rules are rules.”
The Constitution states that Congress has the power: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
Oh, isn’t that the rallying cry of the Tea Party, far right types whenever the Liberals are in control of things? It’s all about the Constitution.
As William wrote in his blog, if Congress did its job, we would not be here. This has gone back to at least the W. Bush presidency, we no longer have a budget, we do Executive Orders and Continuing Resolutions; neither of which is authorized by the Constitution. We fund the government for around 60-90 days at a time.
This Executive Order gambit has taken on a life of its own; due to Congress not doing its job.
The problem is actually a bi-partisan one. Both parties do it. When one party controls the White House, the other party, if they control Congress, digs in and refuses to pass any legislation that helps the party in power. As a direct result, the White House does executive Orders to go around Congress. Then it is essentially up to the courts to litigate it.
Typically, the process works this way. The party out of power (not the White House), finds a friendly judge, said judge rules it unconstitutional and blocks it. Then the President, via the Department of Justice, appeals the ruling to Appeals Court. When that occurs, the Executive Order, could be allowed to continue pending appeal outcome, which is what typically occurs. In the case of tariffs, it was allowed to continue. The appeals court will rule (it’s typically a random 3 judge panel, not one judge). If the outcome is not to the liking of one party or the other, it can be sent to the Supreme Court. If the Court agrees to hear it, they usually issue a stay and allow the law/regulation to remain in place until they rule on its legality. The Supreme Court ruled today, 6-3 saying tariffs done by Executive Order are illegal.
In closing, I will say this, regardless of your belief on tariffs, I have made mine known previously, this is a big win for the rule of law. Just imagine for a minute if the Supreme Court ruled the other way, it opens Pandora’s Box for the other party to do the same on their legislative priorities. If that were to occur, what is the point of Congress? Trump is aiming his anger at the Court; he should be aiming his anger at Congress.
By The Chief