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- The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope.
- In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorisation to exercise it.
- The Government thus concedes, as it must, that the President enjoys no inherent authority to impose tariffs during peacetime.
- And it does not defend the challenged tariffs as an exercise of the President’s warmaking powers.
- The United States, after all, is not at war with every nation in the world.
- The challenged tariffs “are unbounded in scope, amount, and duration.
- When Congress grants the power to impose tariffs, it does so clearly and with careful constraints. It did neither here.
