Learning Resources, Inc. v. Trump · ¶338

So as of 1941—and from then to 1977—TWEA expressly authorized the President to “regulate . . . importation” both during wartime and during peacetime national emergencies. Historically, Presidents had regulated importation by imposing tariffs, as the Polk, Lincoln, and McKinley tariffs illustrated. So TWEA from 1941 to 1977 was best understood to authorize tariffs. See Brief for Professor Aditya Bamzai as Amicus Curiae 27–28.

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