Learning Resources, Inc. v. Trump · ¶178

As we have already seen, too, the growing American conviction that the peacetime tariff power is legislative and belongs only to the people's elected representatives was later refected in both the Constitution and early congressional practice. See Part III–C, supra. To that discussion, I would add just this. The Articles of Confederation granted the Confederation Congress authority to make commercial treaties, but no authority to restrain “the legislative power of the respective States” to impose “imposts and duties on foreigners.” Art. IX (emphasis added). At the Constitutional Convention that followed, where the tariff power was transferred to the federal government, delegates likewise referred to it as a “legislative power.” See, e. g., 3 Farrand 615; 2 id., at 142–143. And, during debates over the Jay Treaty, Hamilton explained that he held no doubt that regulating foreign trade and…

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