Learning Resources, Inc. v. Trump · ¶195
Likewise, Congress's consistent practice in delegating tariff power refutes the Government's position. As the principal opinion details, Title 19 of the U. S. Code includes multiple provisions granting the President authority to levy tariffs. See ante, at 243–244. But in each and every instance, Congress has not only used specific language (e. g., “duty” or “surcharge”), see supra, at 307, but also imposed tight restraints on the power given. It has capped the tariff 's rate (e. g., 15%); or limited the tariff 's duration (e. g., 150 days); or established strict procedural conditions before the tariff can take effect (e. g., investigations, public hearings, and reports); or all of the above. See ante, at 243–244. What Congress has never done in a tariff provision is what the Government claims it did here—conferred power on the President to impose a tariff of any amount, for any time, on…Read in context ›
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