[Ajedi32]

Read the opinions. Both are pretty reasonable. I think the dissent has a good point that a plain language interpretation of the term "regulate imports" would seem to include tariffs.

The bigger issue I think is that that statute exists in the first place. "Emergency powers" that a president can grant himself just by "declaring an emergency" on any pretense with no checks or balances is a stupid idea.

[stbede]

The original law (like many laws that delegated congressional authorities at the time) contained a legislative veto provision which gave the legislative final oversight of any administrative action. In the 80’s the Supreme Court found that legislative veto provisions were unconstitutional, but left all of those delegations standing. After that ruling, the administration can now do what it wanted without congressional oversight and the ability to veto any attempt to repeal the laws. In the oral arguments, Gorsuch raised the possibility that the law itself should have been found unconstitutional in the 80’s because the legislative veto was essential to its function. It looks like the court today took a minimalist approach, letting these delegations stand but minimizing the scope of the powers delegated.

[rainsford]

Not a lawyer, but I found the majority opinion's position on "regulate" much more compelling than the dissent. In particular, the majority's argument that "regulate" is a pretty common function of the executive branch that in no other context implies the authority to tax (tariff), which is a pretty clear Article I power. The majority also convincingly argued that it seems unreasonable to interpret a law to broadly delegate Congressional power to the Executive branch without Congress making that intent explicit in the law. The dissent not only didn't make good counter arguments even read by themselves, but the majority opinion did a pretty good job refuting those arguments specifically.

[rtkwe]

Only if you ignore the explicit grant to Congress in Article 1 Section 8... You're trying to argue an implicit grant somehow trumps an explicit grant.

> The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises

[0] https://constitution.congress.gov/browse/essay/artI-S8-C1-1-...

[k1ko]

It's obviously not that simple. If we follow your logic then we would expect that no previous President was able to enact tariffs. We obviously know that to be false as Presidents in the past have enacted a wide range of tariffs.

[DangitBobby]

We also know that in the past the constitution has been violated for political expedience.

[rtkwe]

The argument the majority of the court went with in a few different forms is that a grant that goes against the constitutional grants needs to be explicit and IEEPA is not explicit.

[rkeene2]

Well, not really because that part doesn't grant the US President arbitrary powers to perform any action that would result in regulation (for example, he is not given the power to go around killing random people even if doing so would effectively regulate international trade; he can't declare war on another country even if doing so would be the best way to effectuate regulation of trade with another country) it gives him the OBLIGATION to perform regulation, using the powers delegated to him.

If giving the US President unlimited and arbitrary authority as long as they can claim it was useful for meeting a legal obligation created by Congress were the correct interpretation then we need look no further than the "Take Care" clause of the US Constitution, where the US President is given the obligation to take care that all laws are faithfully executed -- which, with this interpretation, would mean that any action would be under the purview of the US President as long as they could claim at doing that action resulted in the laws being faithfully executed.

[twoodfin]

Indeed, if you want to case intuitional blame here, it’s far more Congress’ fault for forcing the court to split these linguistic hairs rather than address this issue head on themselves.

[joezydeco]

Kavanaugh's opinion seems to say "well, this would be too hard to undo, so we should just leave it alone and let Trump continue". That hardly seems 'reasonable'. Just lazy and/or partisan.

[Ajedi32]

> The plaintiffs argue and the Court concludes that the President lacks authority under IEEPA to impose tariffs. I disagree. In accord with Judge Taranto’s careful and persuasive opinion in the Federal Circuit, I would conclude that the President’s power under IEEPA to “regulate . . . importation” encompasses tariffs. As a matter of ordinary meaning, including dictionary definitions and historical usage, the broad power to “regulate . . . importation” includes the traditional and common means to do so—in particular, quotas, embargoes, and tariffs.

That doesn't sound like "well, this would be too hard to undo" to me, and making that argument elsewhere doesn't diminish the main point.

[bickfordb]

It's hard for me to pay my taxes

[PearlRiver]

In fairness Trump is the first guy who uses this cheatcode so blatantly. There used to be a kind of decorum.

But yes it is basically eliminating parliament and rule by a monarch- making a mockery of 1776.