Learning Resources, Inc. v. Trump · ¶278

The important principle here, as everyone also acknowledges, is that Congress may in turn authorize the President to impose tariffs. Cf. FCC v. Consumers' Research, 606 U. S. 656, 673–675 (2025); J. W. Hampton, Jr., & Co. v. United States, 276 U. S. 394, 409–410 (1928). Indeed, since the beginning of the Republic, Congress has regularly empowered the President to order tariffs and other foreign import restrictions under various circumstances. As noted above, many current federal laws continue to grant the President expansive tariff authority, including the Trade Expansion Act of 1962 (Section 232); the Trade Act of 1974 (Sections 122, 201, and 301); and the Tariff Act of 1930 (Section 338). Neither the plaintiffs nor the Court has suggested that the numerous laws granting tariff power to the President violate the Constitution's separation of powers.

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