Learning Resources, Inc. v. Trump · ¶297

Marshall, Story, and Madison make for a formidable trio. And this Court has long echoed the Marshall-Story-Madison understanding that tariffs “regulate” foreign commerce. The “laying of a duty on imports, although an exercise of the taxing power, is also an exercise of the power to regulate foreign commerce.” McGoldrick v. Gulf Oil Corp., 309 U. S. 414, 428 (1940) (emphasis added). And again: Even though “the taxing power is a distinct power and embraces the power to lay duties, it does not follow that duties may not be imposed in the exercise of the power to regulate com merce. The contrary is well established.” Board of Trust ees of Univ. of Ill. v. United States, 289 U. S. 48, 58 (1933) (emphasis added).

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