Legal Analysis: Why President Trump Cannot Use Section 122 of Trade Act for Tariffs
By
JumpCrisscross
3mo ago· 4 min readenInsight
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Summary
This guest post by Bryan Riley argues that President Trump cannot legally impose tariffs using Section 122 of the Trade Act of 1974. The article examines the legal limitations of this never-before-used provision, explaining that Section 122 requires a specific set of conditions related to balance of payments deficits that do not currently exist. The author contends that using this provision for tariffs would be legally questionable and could face court challenges.
Key quotes
· 4 pulledIf the Supreme Court strikes down nonreciprocal tariffs imposed under the International Emergency Economic Powers Act (IEEPA), the Trump Administration reportedly plans to re-impose some of the tariffs by citing authorities in other laws.
One never-before used provision that some officials assert could be used is Section 122 of the Trade Act of 1974.
Section 122 requires the President to determine that 'an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States' exists and that the threat arises from a 'large and serious United States balance of payments deficit.'
The legal basis for using Section 122 for tariffs is questionable at best and would likely face immediate court challenges.
If the Supreme Court strikes down nonreciprocal tariffs imposed under the International Emergency Economic Powers Act (IEEPA), the Trump Administration reportedly plans to re-impose some of the tariffs by citing authorities in other laws.
