r/politics • u/sweatycat New York • 20h ago

California to Negotiate Trade With Other Countries to Bypass Trump Tariffs

https://www.newsweek.com/california-newsom-trade-trump-tariffs-2055414
88.8k Upvotes

93% Upvoted

6.2k comments sorted by

View all comments

Show parent comments

33

u/cjicantlie 18h ago

If the tariffs weren't enacted constitutionally, is it unconstitutional to bypass them?

11

u/TraditionalClick992 Canada 17h ago

No, but that would end up in the courts very quickly. And I really doubt SCOTUS would say it's unconstitutional, especially not this SCOTUS.

•

u/Exocoryak 6h ago

Executive Orders have the power of law, even if they appear to be unconstitutional. If they are not stricken down by the courts or revoked by an Act of Congress, they have the full power of a federal law.

Compare it to chess. Someone might play an illegal move, but if the opponnent doesn't see it and makes his move, it becomes a legal move afterwards, even though it technically was an illegal move at the time it was played.

•

u/gouramiracerealist 6h ago

Tariffs are at the purview of the executive fyi

•

u/Neve4ever 5h ago

Congress. But congress delegated it to the executive, like they have with most things.

•

u/gouramiracerealist 5h ago

Yea, so the executive

•

u/chronicpenguins 4h ago

But congress can take it away, constitutionally it’s their power.

•

u/gouramiracerealist 4h ago

Yea sure. It's more likely trump gets impeached than the executive is reigned in