US Tariff Architecture
Multiple Statutory Authorities
The US President does not have inherent constitutional authority to impose tariffs — Congress holds that power (Article I, Section 8). Presidential tariff authority is a delegated power, exercised through a layered set of statutes, each with different conditions, ceilings, and durations. After the Supreme Court eliminated IEEPA as a tariff tool, the US tariff regime now relies on the remaining statutory pillars.
- Section 232 of the Trade Expansion Act, 1962: Tariffs on national security grounds (steel, aluminium, autos) — no cap, no sunset; WTO-contested
- Section 301 of the Trade Act, 1974: Tariffs addressing unfair foreign trade practices — largely directed at China
- Section 122 of the Trade Act, 1974: Balance-of-payments emergency — max 15%, max 150 days without Congressional extension
- Section 338 of the Tariff Act, 1930 (Smoot-Hawley Act): Discriminatory tariffs against specific country trade practices
- IEEPA (1977): Now ruled inapplicable for tariffs by the Supreme Court (February 20, 2026)
● Tracked since February 23, 2026 · last seen March 09, 2026 · updates as the daily brief publishes
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