LovelyLynda
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Some common sense at last
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Some common sense at last
Aquarius
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The House is expected to reject the resolution, and even if it passed, Trump would veto it, so the tariffs stay in place for now. But, what this vote really does is put the Senate on record.
That formal opposition can carry weight at the Supreme Court, which is reviewing whether the president can use emergency powers under IEEPA to impose tariffs without Congress.
To figure out who is right, the Court will reach for one of its oldest guides, a 1952 case called Youngstown Sheet and Tube. It divides presidential power into three zones.
1) When a president acts with Congress’s approval, his power is strongest.
2) When Congress is silent, it is uncertain.
3) And when he acts against Congress’s will, his authority is at what Justice Robert Jackson called its lowest ebb, the weakest point of presidential power.
That is where Trump now stands. From there, the justices will ask whether IEEPA actually gives him the authority to do this, and if it does, whether the law itself goes too far by handing a president powers that belong to Congress.
Even without legal force, the vote functions as evidence of congressional intent. It shows that lawmakers never meant IEEPA to serve as a backdoor for trade policy, and that distinction could tip the balance when the justices decide whether Trump’s actions overstepped the separation of powers.
So while this vote does not end the tariffs, it tightens the constitutional frame around them. The Senate has now drawn a clear line, and when the Supreme Court draws its own, it will not just decide one president’s limits. It will help define the balance of power for every one that follows.
That formal opposition can carry weight at the Supreme Court, which is reviewing whether the president can use emergency powers under IEEPA to impose tariffs without Congress.
To figure out who is right, the Court will reach for one of its oldest guides, a 1952 case called Youngstown Sheet and Tube. It divides presidential power into three zones.
1) When a president acts with Congress’s approval, his power is strongest.
2) When Congress is silent, it is uncertain.
3) And when he acts against Congress’s will, his authority is at what Justice Robert Jackson called its lowest ebb, the weakest point of presidential power.
That is where Trump now stands. From there, the justices will ask whether IEEPA actually gives him the authority to do this, and if it does, whether the law itself goes too far by handing a president powers that belong to Congress.
Even without legal force, the vote functions as evidence of congressional intent. It shows that lawmakers never meant IEEPA to serve as a backdoor for trade policy, and that distinction could tip the balance when the justices decide whether Trump’s actions overstepped the separation of powers.
So while this vote does not end the tariffs, it tightens the constitutional frame around them. The Senate has now drawn a clear line, and when the Supreme Court draws its own, it will not just decide one president’s limits. It will help define the balance of power for every one that follows.
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