Learning Resources, Inc. v. Trump · ¶400

On the contrary, as was fully explained above, the tariff authority exercised here is not remotely “unheralded.” To recap: Any citizen or Member of Congress who paid the least bit of attention in 1977 would have readily understood that the President's authority to “regulate . . . importation” encompassed the power to tariff. There are the dictionary definitions and the historical usage and practice. And among other things, just a few years before IEEPA, that “regulate . . . importation” language was invoked by President Nixon and judicially approved to sustain his 10 percent worldwide tariffs. President Ford then implemented significant tariffs using substantially similar “adjust the imports” statutory language, and this Court unanimously upheld President Ford's tariffs in Algonquin.

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