Learning Resources, Inc. v. Trump · ¶83

Having borrowed all those concepts from the major questions doctrine, the concurrence then turns to the key statutory terms before us—“regulate . . . importation”—and observes that they “sa[y] nothing” (at least not expressly) “about imposing tariffs.” Post, at 306. And why is that fatal to the President's case? Because the President is attempting to exercise the “ `core congressional power' ” over taxes and tariffs, a power Article I of the Constitution vests in Congress alone. Post, at 308 (quoting ante, at 243); see also West Virginia, 597 U. S., at 737 (Gorsuch, J., concurring) (explaining that the major questions doctrine “protect[s] the Constitution's separation of powers,” and particularly Article I, which vests “all federal legislative power[s] in . . . Congress” (internal quotation marks and alteration omitted)).

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