I Got 99 Delegations, but a Tariff Ain't One

I Got 99 Delegations, but a Tariff Ain't One

The Volokh Conspiracy
The Volokh ConspiracyFeb 20, 2026

Summary

The episode dissects Justice Kagan's concurrence in the Supreme Court's recent tariff decision, highlighting how the International Emergency Economic Powers Act (IEEPA) lists nine verbs and eleven objects that combine into 99 distinct presidential powers, none of which include raising revenue. The host explains that the 99th combination—"regulate importation"—does not grant the President authority to impose tariffs as a revenue measure. By breaking down the statutory language, the discussion underscores the legal distinction between regulatory actions and tax-raising powers. The analysis draws on the Reason.com article "I Got 99 Delegations, but a Tariff Ain't One" to illustrate the broader implications for executive authority.

I Got 99 Delegations, but a Tariff Ain't One

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