ThinkTankWeekly

The Supreme Court Got It Right on IEEPA—But Don’t Pop the Champagne Yet

CATO | 2026-02-22 | society

Topics: China, Trade, United States

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English Summary

While the Supreme Court correctly limited the misuse of the International Emergency Economic Powers Act (IEEPA) for broad tariffs, the President still holds significant statutory power to disrupt trade. Hidden provisions like Section 122 and Section 338 offer alternative pathways for the administration to impose unilateral tariffs without immediate congressional oversight or established judicial limits. These vulnerabilities suggest that true trade policy stability will only return if Congress reclaims its constitutional authority and establishes stricter procedural safeguards on executive delegations.

中文摘要

雖然最高法院正確地限制了濫用《國際緊急經濟權力法》(IEEPA)來徵收廣泛關稅的行為,但總統仍擁有顯著的法定權力來干擾貿易。諸如第 122 條和第 338 條等隱藏條款,為行政部門提供了在缺乏國會即時監督或既定司法限制的情況下,實施單邊關稅的替代路徑。這些脆弱性表明,唯有國會收回其憲法賦予的權力,並對行政授權建立更嚴格的程序保障,貿易政策才能真正回歸穩定。

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