Saturday, November 1, 2025

Wondering what the "Tariff Case" (Learning Resources vs Trump) is all about? Can sum it up in one word...

"regulate". Yup, that's about it.  What is the meaning of "regulate" in the context of the IEEP, Article 1 taxing authority (Section 8 enumerated power) and Article 2 Presidential power to conduct foreign policy. 

The image below is the relevant part of the "IEEP.  The definition of "regulate" and whether it includes the authority for the President to levy tariffs (read that "a tax") is at the heart of a major part of the issue.  

Learning Resources says the IEEP does not use the word/concept "Tariff", so there is no authority to do so. Their claim is that the IEEP was an attempt to limit Presidential power in this area.

The Trump Administration says the word "regulate" implies explicitly the authority to levy tariffs, given that the other prescriptive verbs that follow regulate don't specifically say "quotas," but they, historically, have been used to impose such quotas on foreign goods.

I look forward to attending this oral argument next week at the US Supreme Court! 


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