Learning Resources, Inc. v. Trump · ¶314

The plaintiffs argued that the Ford-imposed monetary exactions involved “the broadest exercise of the tariff power in the history of the American Republic,” reminiscent of “George III's stamp tax.” Tr. of Oral Arg. in Federal En ergy Administration v. Algonquin SNG, Inc., O. T. 1975, No. 75–382, p. 26. They contended that the statute's authorization for the President to “adjust the imports” did not allow for such monetary exactions because the statute did “not mention the tariff on its face.” Ibid. They asserted that this Court had “never implied a tax, never in the history of this Court from language which does not explicitly provide for tax, and here there is no such language, there is no language that mentions a measure of tax nor a method of calculation of tax. There is no such thing.” Id., at 33. They echoed the D. C. Circuit's holding that reading the phrase “adjust the imports”…

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