this post was submitted on 21 Feb 2026
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Supreme Court ruled on Friday that Trump’s sweeping global tariffs, ushered in under the International Emergency Economic Powers Act, were unlawfully imposed

On Friday, the U.S. Supreme Court ruled that Trump’s sweeping global tariffs, ushered in under the International Emergency Economic Powers Act, were unlawfully imposed. Trump had used the act to charge huge levies on countries, including 50% on India, which was later reduced, and 34% on China.

By Friday night, the president posted on Truth Social that he signed an executive order enabling him to bypass Congress and impose a 10% tax on imports from around the world. “It is my Great Honor to have just signed, from the Oval Office, a Global 10% Tariff on all Countries, which will be effective almost immediately,” Trump wrote.

Less than 24 hours later, Trump said he was bumping up the tariffs to 15% “based on a thorough, detailed, and complete review of the ridiculous, poorly written, and extraordinarily anti-American decision on Tariffs issued yesterday.”

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[–] Bustedknuckles@lemmy.world 19 points 20 hours ago* (last edited 16 hours ago) (1 children)

I think it's kind of Legal? Smoot -Hawley from 1934-ish was never taken off the books. I cant remember if that's the one he's using for this, but it's like that. There's a never-used vestigial law that lets him do up to 15% for 150 days.

As much of a known-destroyer of America he is, this is Congress failing to do it's bare minimum job of holding the purse strings. They could stop him tomorrow and we would be better off if everyone realized thst

Edit: this one isn't smoot-hawley (1930), sorry. Trade act of 1974. 15%, 150 days and a lot of exemptions under section 122. Congress should still do it job

[–] Pirat@lemmy.org 0 points 16 hours ago (1 children)

I think it’s kind of Legal?

Here's the thing. The constitution says CONGRESS levies taxes, not the president. Any law CONGRESS passes must be IN PURSUANCE OF THE CONSTITUTION. Making a law that abrogates any part the constitution is not IN PURSUANCE OF THE CONSTITUTION. The only way to do that is TO AMEND the constitution.

So, no. It's not kind of legal.

and any judge worth the air it would take make such a statement should FUCKING KNOW THAT!

[–] Bustedknuckles@lemmy.world 6 points 16 hours ago* (last edited 16 hours ago) (1 children)

Congress has ceded more and more authority to the executive and Trump is taking advantage of that. This law (1974) grants the president the ability to levy tariffs up to 15% for 150 days. That Congress sucks is against the spirit of the constitution but not the letter of it

[–] Pirat@lemmy.org 5 points 15 hours ago

But that's the point. Congress CANNOT cede authority without amending the constitution. Any 'law' they make doing so is invalid because it violates the constitution. A LAW CANNOT OVERRIDE THE CONSTITUTION.