Learning Resources, Inc. v. Trump · ¶341

Therefore, IEEPA's specific language—“regulate . . . importation”—was not new statutory text when Congress enacted IEEPA in 1977. Far from it. Beginning in 1941, TWEA had already authorized the President to “regulate . . . importation” of foreign goods in wartime and national emergencies. And the earlier Polk, Lincoln, and McKinley examples, as well as the later Nixon example, demonstrated that the power to “regulate . . . importation” historically encompassed tariffs as well as quotas and embargoes.

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