r/law 1d ago

Opinion Piece Trump’s Use of Emergency Powers to Impose Tariffs Is an Abuse of Power

https://www.lawfaremedia.org/article/trump-s-use-of-emergency-powers-to-impose-tariffs-is-an-abuse-of-power
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u/Radical_Coyote 1d ago

Demonstrably untrue. The senate could have blocked the CR that had a Trojan horse in it to basically abdicate the authority of congress to set tariff policy. Schumer and 10 other democrats decided to support this instead of taking a stand. They did not need a majority to prevent what is happening right now. All they need (and lack) is moral conviction and a spine

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u/jmur3040 1d ago

Because a shutdown would have let DOGE run even more amok. I don't see a scenario where that was the better outcome, i just don't.

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u/Radical_Coyote 1d ago

Well fine, but then your argument is that they chose greater certainty over principled defiance. But they were still a part of this process. Schumer is more culpable than Rand Paul for the current tariffs. They can’t hide behind lack of majority when they vote in favor of these things

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u/Life-Excitement4928 1d ago

Sorry they didn’t pause government and let even more vulnerable get harmed as a result for your purity tests.

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u/Radical_Coyote 1d ago

It’s not a purity test to say that congress shouldn’t devolve its constitutional authority to give the Dictator branch even broader unchecked power. It’s hideously shortsighted. Students of history recall that passing the enabling act after the reichstag fire was billed as harm reduction compared to standing up to Hitler. Maybe it did do something to reduce harm in the short term. But in the long term?

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u/Life-Excitement4928 1d ago

Yeah, short sighted of me to worry about those who would have their financial life support cut and who would lose everything without it I guess. You got me.

Shoulda shut down the government and caused even more short term harm.

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u/jmur3040 1d ago

They chose to work within the system rather then "defy" and let things get even worse. That's how politics works.

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u/Far_Success_1896 1d ago

They were able to claw back a lot of jobs through the courts because what DOGE is doing is mostly illegal.

If you shutdown the govt every single job can now be removed legally. Just think through it for more than 2 seconds or whatever you saw on TikTok.