The Dictatorship
The House’s Canada tariff vote sent a message to Trump. But it won’t stop him.
The House of Representatives voted 219-211 on Wednesday to repeal President Donald Trump’s tariffs on Canada. The Senate will take up the matter next, but even if the upper chamber votes to repeal them, the president would almost certainly veto the measure, and the veto would be highly unlikely to be overridden by a two-thirds vote in both chambers of Congress.
If the Trump administration is going to ask Americans to foot the tariff bill, the least it can do is level with them. Instead, the administration is speaking out of both sides of its mouth, advancing one set of arguments before the courts and another in public.
Put simply, President Donald Trump’s tariffs are as unconstitutional as they are harmful to the American people and the economy. Congress should wake up and reclaim its constitutional power to tax. Until that time, Congress’ weakness demonstrates the need for a clear decision on the tariffs from the Supreme Court.
Because so many legislators have shown an unwillingness to preserve their institution’s legitimate power, only the Supreme Court can now protect Congress’ power.
The court is now considering challenges to the president’s tariffs under the International Emergency Economic Powers Act. On Aug. 29, as one of those cases, V.O.S. Selections Inc. v. Trumpwas pending before the U.S. Court of Appeals for the Federal Circuit, Secretary of Commerce Howard Lutnick “declare[d] under penalty of perjury” to the court that “[w]ithout the viability of IEEPA tariffs, the United States would be weakened and would lose the essential tool to address” the supposed national emergency.
A month later, Phil Magness, a senior fellow at the Independent Institute, and I warned that the administration would sing a different tune if it looked like it might lose at the Supreme Court.
Right on cue, Lutnick on Dec. 3 told CNBC“If … the Supreme Court didn’t side with the president, which I think they will, then we have other tools and we’ll put them right in place. Tariffs are here to stay.” That same dayTreasury Secretary Scott Bessent said, “We can re-create the exact tariff structure with” other statutory provisions.
Why, then, would a court striking down Trump’s IEEPA tariffs “lead to dangerous diplomatic embarrassment” and “expose the United States to the risk of retaliation,” as Bessent said in a statement to the Federal Circuit?

The administration’s inconsistencies are not limited to claims made before the Federal Circuit. On Nov. 5, in oral argument before the Supreme Court, Solicitor General John Sauer said of the tariffs, “They are not revenue-raising tariffs. The fact that they raise revenue is only incidental.” Yet, on Jan. 12, Trump posted on Truth Social that if the court ruled that the IEEPA tariffs were illegal, “[i]t would be a complete mess” because it would be “almost impossible for our Country to pay” back all the revenue the tariffs have generated as well as the supposed investments the tariffs have brought in.
Of course, if the court strikes down the IEEPA tariffs, everyone in the administration will suddenly agree that the statutory provisions Bessent mentioned on Dec. 3 do, in fact, empower the president to carry out his desired tariff agenda.
Our Constitution was drafted and ratified by a generation that had recently fought a war partly against “taxation without representation.” Unsurprisingly, they therefore vested the power to tax, including the power to tariff the people, exclusively with Congress, not with the president for unilateral control.

Congress, however, has abdicated its responsibility. When the president usurps a power so central to the legislature as the power to tax, every lawmaker has a responsibility to vigorously defend Congress’ constitutional prerogatives. The Constitution protects liberty by assigning those powers to Congress.
Yet, because so many legislators have shown an unwillingness to preserve their institution’s legitimate power, only the Supreme Court can now protect Congress’ power.
Artificially raising prices on goods does not magically bring back American jobs. It only makes Americans poorer while driving our allies into the arms of the Chinese Communist Party. Congress should vote unanimously to reclaim its constitutional taxing power. Since it will not, a clear decision from the Supreme Court enforcing the Constitution’s limits is critical for American liberty and prosperity.
Marc Wheat is general counsel for Advancing American Freedom, which advocates for conservative values and policy proposals.
The Dictatorship
Sen. Jim Banks launches tip line for truckers to snitch on immigrant drivers
The state of Indiana has a sordid legacy of racial profiling.
As one of the most significant hubs of Ku Klux Klan activity in the early 20th century, the state’s history is rife with examples of bigoted fearmongers who have warned the white masses to stand guard against marginalized groups — be that Black people, Jews or immigrants.
That history was made new again in 2024, when some Indiana residents were disturbed by pro-KKK signs in their communities touting Donald Trump’s plans to deport immigrants.
And this history was front of mind for me as I learned of a new “tip line” launched by Sen. Jim Banks, R-Ind., for truckers and others in the industry to report on drivers they allege are in the country illegally, or unauthorized to drive a truck, or don’t speak English well enough to meet requirements.
The context here is that the Trump administration, along with its allies in Congress and conservative media, has been cherry-picking recent traffic crashes to portray immigrant drivers as threats to public safety. Even Trump loyalist Harmeet Dhillon, who leads the Justice Department’s Civil Rights Division, decried the racist scapegoating coming out of MAGA world after some of these incidents.
Nonetheless, Banks is calling on truckers to snitch on other drivers via his “TruckSafe Tipline” — and his anti-immigrant sentiment is hardly subtle.
“Indiana is the Crossroads of America and Hoosiers are getting killed because drivers who shouldn’t be here in the first place are behind the wheel,” he said in a news release.
The announcement comes just months after a federal court placed a hold on the Trump administration’s efforts to institute severe new restrictions on immigrants looking to obtain commercial driver’s licenses. And from my vantage point, this tip line is primed to fuel racial profiling similar to the kind we’ve seen before in Indiana.
Banks said tips will be “reviewed and shared with the U.S. Department of Transportation and its Office of Inspector General.” But unless we are to believe everyone in the trucking industry moonlights as an immigration lawyer or a linguist who can determine one’s English-speaking proficiency with precision, it seems extremely likely that some drivers may find themselves ensnared for no reason other than their accent or ethnicity — a prospect that, again, wouldn’t be new in Indiana but would be appalling nonetheless.
Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.
The Dictatorship
Wednesday’s Mini-Report, 2.11.26
Today’s edition of quick hits.
* The latest on the devastating mass shooting in British Columbia, Canada: “Police say eight people were killed and 27 more were injured after a mass shooting in the community of Tumbler Ridge, B.C., on Tuesday. The sole suspect was also found dead inside the school from ‘a self-inflicted injury,’ according to police. On Wednesday, police clarified that the death toll, including the suspect, stood at nine — and not 10, as previously reported.”
* An overdue withdrawal: “The Trump administration’s controversial deployment of National Guard troops to several cities led by Democrats ended in January, marking a muted retreat by President Donald Trump, who claimed the federal troops were needed to fight immigration-related crime. The withdrawal of the National Guard from Chicago; Los Angeles; and Portland, Oregon, began on Jan. 6 and ended Jan. 21, according to U.S. Northern Command.”
* A bizarre story out of Texas: “Federal Aviation Administration officials were forced to close El Paso’s airspace late Tuesday after the Defense Department decided to try out new anti-drone technology without giving aviation officials ample time to assess the risks to commercial airlines, according to four people briefed on the situation.
* An apparent reversal: “The National Governors Association said governors from both parties would be able to meet with President Donald Trump later this month after the White House initially extended invitations to a business meeting only to Republicans. ‘We’re pleased the president will welcome governors from all 55 states and territories to the White House,’ Brandon Tatum, the group’s chief executive, said Wednesday. It’s still unclear whether every governor will participate in the full White House event.”
* The right call: “The state government of Michigan was within its rights to refuse a request from the Trump administration to hand over personal information from state voter rolls, a federal judge ruled on Tuesday. In a 23-page opinion, Judge Hala Y. Jarbou of the Federal District Court for the Western District of Michigan rejected the administration’s arguments that it was entitled to know Michigan voters’ personal information to ‘prevent the inclusion of ineligible voters’ and to combat what it called ‘voter fraud.’
* An unexpected deployment: “The U.S. is sending 200 troops to Nigeria to train the country’s military to fight Islamist militants, weeks after President Trump accused the West African government of failing to protect Christians from terrorist attacks, an American military official said Tuesday.”
* I wish this were more surprising: “Shortly after a Border Patrol agent shot a 30-year-old Chicago woman five times, Gregory Bovino, who was leading the federal government’s immigration raids across the city, reached out to offer his congratulations.”
* The White House sure does appear to have a social media problem: “Vice President JD Vance’s office deleted a social media post on Tuesday that broke with administration policy in acknowledging the Armenian genocide after Mr. Vance and his wife, Usha Vance, visited a memorial to the estimated 1.5 million Armenians killed by Ottoman Turks over a century ago.”
See you tomorrow.
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
The Dictatorship
Targeting elections, House GOP advances the SAVE America Act, a solution in search of a problem
A couple of years ago, House Speaker Mike Johnson made a pilgrimage of sorts to Mar-a-Lago to kiss Donald Trump’s ring and hold a joint news conference with the then-former president. It was not, however, a simple photo-op: The Republicans unveiled a proposal they appeared to be rather proud of.
The GOP duo pitched legislation that would require documentary proof of citizenship to register to vote. The absurdity of watching two notorious election deniers pretend to be deeply concerned with the integrity of elections was a detail the political world was apparently supposed to overlook.
Soon after, House Republicans followed through, introducing the Safeguard American Voter Eligibility Act, or SAVE Act, a version of which passed the GOP-led chamber last year.
In time, however, Trump and his party decided their own plan wasn’t quite far enough to the right. So they overhauled it, made it worse and gave it a new name: the SAVE America Act.
Trump doesn’t have much of a legislative agenda, but he insisted that House Republicans pass this bill. And as is too often the case, GOP lawmakers did as the White House instructed.
The final vote was 218-213, with Rep. Henry Cuellar of Texas being the only Democrat to vote for passage.
The original SAVE Act was an indefensible step backward, and the revised version is worse:
- All Americans would be required to prove their U.S. citizenship when registering to vote.
- Voters would be required under federal law to present identification when casting ballots in person or by mail, even in states that do not have voter ID laws.
- Republicans are eyeing new restrictions on Americans who want to vote by mail.
The proposal is a classic example of a solution in search of a problem. Republicans have spent years desperately searching for evidence of systemic fraud in vote-by-mail systems, for example, and they’ve come up empty. The same is true about the supposed need for voter ID laws: In reality, there is simply no national scourge of people trying to cast ballots while pretending to be someone else.
As for the idea of creating a federal law to prevent noncitizens from registering to vote, the proposal is redundant: There are literally zero locations in the United States where noncitizens can vote in federal elections. What’s more, GOP officials have searched far and wide for evidence of noncitizens casting ballots in significant numbers — and they have found effectively nothing.
Some on the right have argued that the legislation is worthwhile anyway, even if there’s no evidence to support its goals, in part because it might make the Republicans’ base feel better — these voters’ confidence in the system has apparently been shaken by years’ worth of baseless partisan conspiracy theories — and in part because it’ll create safeguards against future hypothetical mischief.
Except that’s wrong, too. Policymakers are not supposed to add new and entirely unnecessary hurdles for Americans who want to participate in their own country’s elections, likely disenfranchising millions, simply because of hypothetical threats and conspiracy theorists’ feelings.
What’s more, as The Associated Press reportedstate elections officials — from both parties — have expressed practical concerns about how these costly proposed procedures would be implemented and paid for. The same article added: “Voting rights groups have said married women who have changed their name could have trouble registering under the SAVE Act because their birth certificate lists their maiden name.”
Despite all of this, the bill passed the House anyway.
The proposal now heads to the Republican-led Senate, where it will need to overcome a 60-vote threshold, which seems exceedingly unlikely. That said, Politico reported this week that GOP leaders are so desperate to fundamentally alter how Americans vote that they’re exploring potential procedural changes that would make it possible to pass the regressive legislation, despite existing cloture rules.
Watch this space.
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
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