The SCOTUS Trump Tariff Test

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There is an old expression that goes “If you’re not with us, you’re against us!” While it is unclear who came up with this phrase, it was Jesus in both Matthew 12:30 and Luke 11:23 who said, “If you’re not with me, you’re against me.” There is no middle ground or neutrality and you must believe and be committed to follow.

People of faiths are discussing a concept of “rippling” like waves on water. Rippling is about doing good to one another. Other expressions for rippling would be to, “Pay it forward, or doing “Random act of kindness.” In the last 24 hours we have seen how easy it is to ripple in a negative way.

In a major ruling on presidential power, the Supreme Court Friday struck down some of the sweeping tariffs President Donald Trump imposed in a series of executive orders. By a vote of 6-3, the justices ruled that the tariffs exceed the powers given to the President by Congress under a 1977 law providing him the authority to regulate commerce during national emergencies created by foreign threats.

Yesterday the Supreme Court of the United States (SCOTUS) which many hold is held by 6 conservatives and 3 liberals voted 6 to 3 against President Donald Trump’s use of international IEEPA tariffs.

From Google AI:

“The International Emergency Economic Powers Act (IEEPA), 50 U.S.C. §§ 1701–1708, is a 1977 U.S. federal law authorizing the President to regulate commerce, freeze assets, and impose sanctions after declaring a national emergency in response to an “unusual and extraordinary threat” originating outside the U.S.. It provides broad authority to manage foreign economic threats.”

As one would expect President Trump was absolutely livid as his detractors were giddy with delight. Critical thinkers of both sides of the aisle should be seeing this for what it is, another attempt by the judicial branch overreaching the executive branch relative to presidential policy decisions to interfere and obstruct. Two Republican Presidents before Trump used this act the exact same way.

From Google AI:

“Richard Nixon (1969–1974): Used the precursor statute, the Trading with the Enemy Act of 1917 (TWEA), to impose a 10% tariff on all imports in 1971 to manage a monetary crisis (the ‘Nixon shock’).

Ronald Reagan (1981–1989): Used IEEPA (enacted in 1977) for its intended purpose of managing national emergencies, most famously in conjunction with President Carter to manage the Iran hostage crisis and freeze Iranian assets.”

So what yesterday did was it galvanized those who are with President Trump and want to put America FIRST, and those who are his naysayers and detractors who seemingly want to obstruct and see him fail. Yesterday we saw them clearly fall into these groups:

  • The six Supreme Court members seemingly incapable of following the Constitution and case law and possibly compromised by outside influences.
  • The members of the press guilty of malpractice in reporting of the story as a Trump defeat rather than an improper ruling by the SCOTUS.
  • Globalist political leaders of our nation President Trump have termed “the Uniparty” working an “America Last” agenda.
  • Social media shills thinking they know more than President Trump about the law and the Constitution than President Trump.

So while yesterday was a disappointment for the Trump Administration, it will not stop them from carrying out the will of the American people who elected him. President Trump has a number of other options to move the nation from point A to point B.

  • Section 232 is part of the Trade Expansion Act of 1962. Used for steel and aluminum tariffs.
  • Section 301 is part of the Trade Act of 1974. Used for large China tariffs.
  • Section 201 is part of the Trade Act of 1974. Used for solar panels, etc.
  • Section 122 is part of the Trade Act of 1974. Used to allow temporary (up to 150 days) balance due to unfair trade practices.  Up to 15% can be applied through this.
  • Section 307 is part of the Tariff Act of 1930. Used to prohibit the importation of goods produced, wholly or in part, by forced, indentured, or convict labor.

CONCLUSION:

“Did President Trump just spring the ultimate trap to expose the Deep State’s influence in our Supreme Court!?”

The 6-3 SCOTUS ruling striking down Trump’s use of IEEPA tariffs wasn’t a loss as those tariffs were 70% of all he has collected, with other options to be utilized as noted above. Perhaps it was CHECKMATE in a Trump game of 3-D Chess! Some are arguing that Trump knew some would rule against him, forcing these foreign interest puppets to reveal themselves!

President Trump deserves much credit against all the naysaying economic forecasters as they have been proven wrong over and over again. If they were men and women of character they should apologize to President Trump for falsely predicting that Trump’s tariffs would:

  • Make inflation worse.
  • Cost Americans jobs.
  • Cause a recession or depression (national and/or global).
  • Hurt the middle and lower class at home.
  • Cause a supply chain collapse.

Last night, President Trump announced America will take in nearly $1 TRILLION in tariffs. This supposed “SCOTUS defeat” may just have lit a fuse getting President Trump to drain the swamp even faster. From my point of view, the Supreme Court was dead wrong and six of the nine justices just exposed themselves to the world!

Trump’s tariffs are legal. Three of the nine justices of the SCOTUS stood by the Constitution and the law and called out the six who seem to be compromised. The three dissenting judges who got it right are Brett Kavanaugh, Clarence Thomas, and Samuel Alito.

Justice Clarence Thomas called out the failure of the majority in his dissenting opinion with facts and receipts.

Justice Neal Gorsuch wrote, “The deliberative nature of the legislative process was the whole point of its design. Through that process, the Nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man.”

Justice Thomas disagreed, “Justice Gorsuch’s interpretation of two ‘early congressional debates,’… is thus difficult to reconcile with what early Congresses actually did.”  He continued: “Since the 1790s, Congress has consistently delegated to the President power over foreign commerce, including the power to impose duties on imports.”

Lines are being drawn in this nation and it would be wise for every man and every woman to get on the right side of history. Our nation has been getting screwed by other nations for years, which explains, in large part, our national debt.

The Trump Golden Age for America will continue in spite of the SCOTUS ruling!

President Donald Trump stands for America. What side do you stand on?

© 2026 by Mark S. Schwendau

Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Thinking Conservative.

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Mark Schwendau
Mark Schwendauhttps://www.idrawiwrite.tech/
If there is a "CONSPIRACY" THEORY Mark Schwendau won't miss out telling you about it. He is a retired college technology educator and author in Illinois. He holds a BS degree in technology education and a MS degree in industrial management. He has had news articles published in online news journals such as Communities Digital News and Independent Sentinel. His opinions are his own as assured by the First Amendment of the Constitution.
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