Comment by k1ko
6 days ago
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.
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.
We also know that in the past the constitution has been violated for political expedience.