Learning Resources, Inc. v. Trump · ¶342

The plaintiffs and the Court today assert that wartime precedents do not govern peacetime. But Congress modeled IEEPA on TWEA precisely so that the President could continue to exercise certain wartime authorities such as quotas, embargoes, and tariffs during peacetime national emergencies as well. Congress first explicitly extended that wartime power to national emergencies in 1933, during the Franklin Roosevelt Administration. Cf. New State Ice Co. v. Liebmann, 285 U. S. 262, 306 (1932) (Brandeis, J., dissenting) (The Great Depression was “an emergency more serious than war”). And Congress has continued to authorize the President to exercise that power in both wartime and peacetime emergencies.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.