U.S. tariffs ruling could have far-reaching impact, offers hope for pleas against H1B visa fees Premium

U.S. Supreme Court ruling on tariffs strengthens checks and balances, potentially impacting H1B visa fee challenges and presidential powers.

The U.S. Government has sought to reimpose tariffs struck down by the nation’s Supreme Court by invoking a different law. But the Supreme Court judgment that dealt with the tariffs imposed by exercising President Donald Trump’s emergency powers strikes at the very root of his unilateral decision to impose tariffs. It requires him to seek Congressional approval, reinforcing a central tenet of U.S. governance model and public life — checks and balances and the seeking of consensus.

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Shortly after taking office, Mr. Trump sought to address two “foreign threats”: the influx of illegal drugs from Canada, Mexico, and China, and “large and persistent” trade deficits. Mr. Trump declared a national emergency citing these two and imposed tariffs to deal with each threat.

The court called this case a “major question” case and invoked the major questions doctrine as per which only the U.S. Congress has powers to impose tariffs. Section 8 of the U.S. Constitution says: “Congress shall have power to lay and collect taxes, duties, imposts and excises.” “The framers of the Constitution gave that power to “Congress alone”,” the court said.

While the principle of checks and balances may apply across democracies, in the U.S. safeguards are far more effective and accorded primacy. Checks and balances are intended to ensure no one gets “tyrannical” power. Tyranny — by England’s king — was the main reason for the founding of the U.S.A and its Constitution and U.S. public life is built against tyranny. Strong, independent institutions are a feature of U.S. life. Laws ensure consensus and constant dialogue, often requiring bipartisan cooperation, even solidarity.

For instance, the U.S. Congress — equivalent to India’s Parliament — makes all laws, not the President. But Congress is a permanent body and is independent of the President. It can be dominated by a party different from that of the President. The President does have certain powers such as emergency powers and, more importantly, the power of veto over any law passed by the Congress. The President is, by definition, a popular leader and Congress is often loathe to go against him or her as a result. Everyone needs to work together.