Fallback Tariffs as Executive Tool

Updated: 2026.03.04 12H ago 1 sources
A president can resurrect little‑used statutory authorities (e.g., Section 122 of the Trade Act of 1974) to impose near‑global tariffs as a 'fallback' after courts restrict other emergency powers. Such invocations buy short‑term policy space (here 150 days) but create predictable legal, economic, and diplomatic frictions that force follow‑on statutory or negotiating strategies. — If presidents can routinely switch to dormant tariff statutes to skirt judicial limits on other powers, that practice reshapes executive authority over trade, markets, and international relations and will be litigated and politicized rapidly.

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Yes, Trump Can Do That with Tariffs
Peter E. Harrell 2026.03.04 100% relevant
President Trump’s March 2026 proclamation invoking Section 122 to impose a nearly global 10% tariff, the statute’s 150‑day expiration, and the Supreme Court’s earlier IEEPA decision are the concrete events showing this tactic.
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