Now, Justice Thomas, Justice Thomas historically asked very few questions that was true here, but his questions were focused on history and the original understanding of the Constitution. So Justice Thomas asked, Historically, weren't tariffs one of the primary ways Congress regulated foreign commerce? And he went back to that. He said at the founding, was there a sharp distinction between regulating imports and imposing duties on them. (24:50–24:57)
CLAIM
Asserts that historically, tariffs were a primary method for Congress to regulate foreign commerce.
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