Constitution Index · Executive Order 14389 · 2026-02-20
Ending Certain Tariff Actions
Latest official status (2026-10-19): no_disposition_noted
Constitutional grade
A
Constitutional
This executive order terminates certain tariffs imposed under IEEPA, which is a lawful exercise of presidential authority in foreign commerce and national emergencies. It does not infringe on individual rights, respects decentralization by reducing federal trade restrictions, and follows due process by acting within statutory frameworks.
Article I, Section 8, Clause 3
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
The President's authority to impose and terminate tariffs under IEEPA is derived from statutory delegation by Congress, which is grounded in Article I, Section 8, Clause 3 (the Commerce Clause) and the President's foreign affairs powers. The order explicitly cites IEEPA, the National Emergencies Act, and the Trade Act of 1974, all of which are constitutional delegations of authority. Terminating tariffs is within this delegated authority.
Bill of Rights · passes
The order does not implicate any of the first ten amendments. It concerns trade duties and does not affect speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. No Bill of Rights provision is infringed.
Individual liberty · passes
The order reduces restrictions on imports, thereby expanding economic liberty for individuals and businesses. It does not restrict personal conduct, property, speech, labor, or belief. The termination of tariffs removes government-imposed burdens on trade, which is consistent with individual sovereignty.
Decentralization · passes
The order reduces federal trade barriers, which is a step toward decentralization by allowing more economic activity at the individual and local levels. The federal government is acting within its constitutional role in foreign commerce, and the action does not consolidate power upward; it actually reduces federal intervention.
Due process and takings · passes
The order does not deprive anyone of property without due process. It terminates tariffs, which are not a taking of property in the constitutional sense. The action is taken pursuant to statutory procedures and does not bypass any required notice or hearing. It is a lawful executive action within the President's delegated authority.
Provenance
- Federal Register: Executive Order 14389 · fetched 2026-10-03 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #873 | 2026-10-14 | vfa-constitutional-grade/1.0 | a691d921e18a | current |
Cite this
Values for America. “Constitutional grade: Executive Order 14389, Ending Certain Tariff Actions.” VFA Constitution Index, grade 873 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/873. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/873
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