Learning Resources, Inc. v. Trump · ¶474

The overarching theme of the Court's opinion is that tariffs are not a clear means to “regulate . . . importation” and that Congress was therefore required to use the word “tariff,” “duty,” or the like in IEEPA in 1977 if it wanted to authorize tariffs on foreign imports. But that conclusion contravenes text, history, and precedent. To summarize: Algonquin in 1976 unanimously held the opposite. The Nixon and Ford tariffs were based on statutory provisions that did not use the word “tariff” or “duty.” There is a long tradition of Presidents imposing tariffs as a means of regulating importation and commerce. The predecessor Trading with the Enemy Act has long been understood to authorize tariffs during wartime as a means to “regulate . . . importation,” even though it does not use the word “tariff ” or “duty.” The history of the Polk, Lincoln, and McKinley tariffs shows that tariffs are a…

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