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Jul 25, 2026 Trump imposed tariffs under Section 301 and then Section 122 of the Trade Act after Supreme Court struck down prior emergency tariffs Tier 1 · Primary Power and Authority
The president pursued a third consecutive statutory workaround to impose tariffs without congressional approval, testing constitutional limits on the power of the purse.
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Supporting reports
- Trump imposed tariffs under Section 301 of Trade Act of 1974 — When the 150-day deadline for Section 122 tariffs expired on Friday, July 25, 2026, Trump announced he was imposing tariffs under Section 301 of the Trade Act of 1974, which permits the president to impose tariffs on countries using forced labor. A senior administration official stated the tariffs address forced labor, a focus Trump has maintained for years. Law professor Barry Appleton noted that Section 301 allows permanent tariffs without congressional approval, suggesting the administration is seeking to bypass Congress entirely.
- Trump imposed tariffs under Section 122 of Trade Act of 1974 — After the Supreme Court invalidated the IEEPA-based tariffs, the Trump administration invoked Section 122 of the Trade Act of 1974, which allows the president to impose tariffs in the case of an international financial emergency. These tariffs were limited to 150 days.
- Trump imposes new tariffs under emergency powers — President Trump announced the imposition of new tariffs on products from over 60 countries, claiming authority under Section 301 of the Trade Act of 1974, which allows tariffs in cases of forced labor. This follows a previous Supreme Court ruling that struck down earlier tariffs as unconstitutional. The administration's approach is seen as an attempt to bypass Congress's authority to raise revenue, which is constitutionally reserved for the legislative branch.
- Supreme Court struck down Trump tariffs as unconstitutional — The Supreme Court ruled that the tariffs imposed under the International Emergency Economic Powers Act were unconstitutional. Following the ruling, Trump announced he would find alternative legal mechanisms to reimpose tariffs, stating "We have alternatives. Great alternatives."
Verified: Tier 1 primary record
Week 80 – 2026-07-25–2026-07-31
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