ThinkTankWeekly

The Supreme Court Clipped Trump’s Tariff Powers—and Opened New Trade Battles

CFR | 2026-02-26 | economy

Topics: China, Trade, United States

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English Summary

The U.S. Supreme Court struck down President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose broad tariffs, ruling 6-3 that the executive branch lacks the authority to levy taxes without specific congressional delegation. The Court reasoned that IEEPA’s authorization to "regulate importation" does not textually or historically encompass the power to impose duties, which remains a constitutional prerogative of Congress. While the decision triggers a massive refund process for affected importers and forces a pivot to shorter-term Section 122 authorities, it leaves other major trade statutes, such as Section 232 and Section 301, largely untouched.

中文摘要

美國最高法院以 6 比 3 的投票結果,推翻了川普總統援引《國際緊急經濟權力法》(IEEPA)加徵廣泛關稅的舉措,裁定行政部門在未經國會具體授權的情況下無權課稅。法院認為,IEEPA 授權「監管進口」在文本或歷史上均不包含徵收關稅的權力,而徵稅權仍屬國會的憲法特權。儘管此裁決引發了針對受影響進口商的大規模退稅程序,並迫使政府轉向使用更短期的「第 122 條」權限,但其對《232 條款》和《301 條款》等其他主要貿易法規基本未產生影響。

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