Learning Resources, Inc. v. Trump · ¶402

Second, the President is not interpreting the “regulate . . . importation” language in IEEPA differently from how past Presidents have interpreted it. At least as far as the briefng and arguments in this case have disclosed, no Presidential Administration since the enactment of the “regulate . . . importation” language in TWEA in 1941 or since its re-enactment in IEEPA in 1977 has interpreted the statute to exclude the power to impose tariffs. Moreover, before IEEPA's enactment, President Nixon imposed tariffs based on the same “regulate . . . importation” language. And in 1975, President Ford invoked authority to “adjust the imports” in order to similarly impose monetary exactions. In addition—if more is needed—Marshall, Story, Madison, and this Court have all long recognized that the power to regulate foreign commerce includes tariffs.

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