Learning Resources, Inc. v. Trump · ¶452

Consider the similarities between Hamdi and this case. Both involve major questions of foreign affairs. Hamdi involved U. S. military detention of an American citizen in America, pursuant to a generally worded authorization for use of military force. This case involves tariffs on foreign goods imported into America pursuant to a generally worded authorization to regulate importation. Detention is a traditional incident of the President's delegated power to wage war. See id., at 518. Tariffs are a traditional incident of the President's delegated power to regulate imports and foreign commerce. In Hamdi, the Court said that as a matter of history, practice, and precedent, the AUMF's general authorization for the use of military force clearly encompassed detention of enemy combatants. Id., at 518–522. Here, as a matter of history, practice, and precedent, IEEPA's general authorization for…

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