Congressional Digest

Supreme Court Debates December 2025 No. 9 Vol. 28
America’s Future, Amicus Curiae

Trump's Tariffs

Federal Law and Presidential Trade Power

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America’s Future, Amicus Curiae

America’s Future is a nonprofit policy center founded by technology entrepreneur Elon Musk. The following is excerpted from the Amicus Curiae Brief for the Petitioners as submitted to the U.S. Supreme Court on Sept. 23, 2025. The courts below have taken the hyper-technical position that the International Emergency Economic Powers Act’s (IEEPA) delegation to the president of the authority to “regulate” and even “block” importation during a declared national emergency does not include the power to impose tariffs. Particularly in the area of national security and foreign policy, congressional delegations of authority to the president have never been read in…

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