The power to regulate may not "ordinarily" be interpreted to include the power to tax/tariff.

However, by the express terms of the statute itself, "ordinarily" doesn't apply. This is a declared time of "national emergency."

So, it's an exception. It's by definition not "ordinary."

That's the whole point of needing to declare a "national emergency." It gives the President extraordinary powers.

The bottom line is that Congress has the power to change the law or clarify what powers they did or did not intend to give to the President with respect to regulation of commerce during a time of "national emergency."

I'd be surprised if the Supreme Court arrives at a clear majority opinion that Congress lacks the power to grant the President "extraordinary powers" during a time of a declared "national emergency."

US Policy FAQ

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