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Showing posts with the label checks and balances

A Decade of Imbalances

Internationalism No. 85, March 2026 Page 16 No surprise: the US Supreme Court struck down Donald Trump's protectionist policy. He was not allowed to bypass Congress and impose tariffs through emergency procedures. Some see in this a vindication of the principle of checks and balances . The unchecked claims of the executive power – the presidency – have been pushed back by the highest expression of judicial power – the Supreme Court – which has returned the matter to the legislative power – Congress – to which the US Constitution grants authority over taxation. Everything seems to fall into place, yet liberals can easily shut themselves inside their paper labyrinths and thus lose sight of the clash of real forces which shape rules and institutions. For us Marxists, the plurality of powers reflects the plurality of interests of the dominant groups of capital, amid relentless battles that know no truce. ...

The Pluralism of the Supreme Court

Internationalism No. 85, March 2026 Page 12 From the series Chronicles of the new American nationalism The Supreme Court has ruled that the emergency tariffs imposed by Donald Trump are illegal, striking down one of his key policies and affirming Congress's powers over foreign trade taxation. The group of companies and dozen States that had challenged the presidential decision have won their legal battle against the federal government. The ruling represents a severe political setback for the president, formally recognises the imbalance represented by his trade policy, and opens up a political battle to redirect it. As we write, just days after the ruling, Trump has already announced that he will resort to other legislative measures. The question remains open as to the extent to which the Supreme Court and Congress will balance the tariff weapon. Major questions doctrine The ruling, written by Chief Justice John Roberts and appro...