Regulatory Tariffs Can Permissibly Raise Revenue: A Response to Professors Amar
At oral argument in the tariff cases, a so-called “donut hole” argument was raised. The argument maintains it would be highly unlikely for the statutory phrase “regulate … importation” to confer a host of unenumerated powers—including the power to impose licensing fees—but not confer the power to regulate importation by imposing duties (i.e., tariffs). The donut hole argument […]

