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23 results for “tariffs”

1. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

   S.J.Res. 88: A joint resolution terminating the national emergency declared to impose global tariffs.

   …of legislative power under Article I, Section 1. Terminating emergency tariffs removes a federal burden on speech-adjacent commercial activity and private transactions rather than infringing the first ten amendments. No provision…

2. Constitution Index grade · Constitution grade C (Significant issues) · Oct 08, 2026

   Executive Order 14346: Modifying the Scope of Reciprocal Tariffs and Establishing Procedures for Implementing Trade and Security Agreements

   …604 of the Trade Act - to impose, modify, suspend, and reduce reciprocal tariffs by emergency finding. While Congress may delegate bounded tariff authority, declaring large persistent trade deficits an 'unusual and extraordinary threat' to…

3. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

   Executive Order 14358: Modifying Reciprocal Tariff Rates Consistent With the Economic and Trade Arrangement Between the United States and the People's Republic of China

   This order suspends higher tariffs and therefore does not itself violate the Bill of Rights, sovereignty, decentralization, or due process. It remains constitutionally troubled because it perpetuates a presidential tariff regime grounded…

4. Constitution Index grade · Constitution grade C (Significant issues) · Oct 08, 2026

   Executive Order 14259: Amendment to Reciprocal Tariffs and Updated Duties as Applied to Low-Value Imports From the People's Republic of China

   Foreign tariffs are within federal enumerated commerce and duty powers and raise no Bill of Rights, decentralization, or due process violation, but EO 14259 unilaterally rewrites tariff rates by emergency order, stretching Article I,…

5. Constitution Index grade · Constitution grade C (Significant issues) · Oct 08, 2026

   Executive Order 14316: Extending the Modification of the Reciprocal Tariff Rates

   …search and seizure, self-incrimination, jury trial, or cruel punishment. Tariffs burden import transactions but do not on their face censor expression under First Amendment or prohibit arms under Second Amendment, nor authorize searches…

6. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

   Executive Order 14257: Regulating Imports With a Reciprocal Tariff To Rectify Trade Practices That Contribute to Large and Persistent Annual United States Goods Trade Deficits

   …II or validly delegated. This Order imposes broad, indefinite reciprocal tariffs by declaring persistent trade deficits an unusual and extraordinary threat under the International Emergency Economic Powers Act and National Emergencies Act.…

7. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

   Executive Order 14326: Further Modifying the Reciprocal Tariff Rates

   …trial, or take private property for public use requiring just compensation. Tariffs are duties under Article I, Section 8, Clause 1, not takings, so this check passes with only minor tension over broad executive waiver and modification…

8. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

   S.J.Res. 49: A joint resolution terminating the national emergency declared to impose global tariffs.

   …no due process or takings protection. Congress has explicit authority over tariffs and foreign commerce under Article I, Section 8, Clauses 1 and 3, which grant power to lay duties and regulate commerce with foreign nations. Terminating an…

9. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

   Executive Order 14298: Modifying Reciprocal Tariff Rates To Reflect Discussions With the People's Republic of China

   This executive tariff order reduces rates but continues an executive-imposed reciprocal tariff regime. Congress holds the tariff and foreign-commerce powers, and persistent deficits do not establish an emergency permitting the President to…

10. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    Executive Order 14289: Addressing Certain Tariffs on Imported Articles

    …burden by preventing overlapping auto, border-emergency, steel, and aluminum tariffs from stacking on the same article. It creates no new duty, infringes no enumerated right, takes no property, and operates in the inherently federal field…

11. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

    Executive Order 14266: Modifying Reciprocal Tariff Rates To Reflect Trading Partner Retaliation and Alignment

    Foreign trade is properly federal, with no direct Bill of Rights or due-process taking violation, but the President exercised Congress's exclusive Article I taxing and tariff power through emergency authority. That separation-of-powers…

12. Constitution Index grade · Constitution grade C (Significant issues) · Oct 13, 2026

    H.R. 5334: Lindsey O. Graham Sanctioning Russia and Iran Act of 2026

    …under Article I, Section 8, Clauses 3 and 10, the bill's imposition of tariffs up to 100% ad valorem and sweeping prohibitions on energy exports and investments may exceed the scope of Congress's enumerated powers by effectively regulating…

13. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

    Executive Order 14309: Implementing the General Terms of the United States of America-United Kingdom Economic Prosperity Deal

    A delegated trade implementation within the federal foreign-commerce domain that lowers selected duties and sets quotas by published rule, with no rights infringement, no taking, and no upward consolidation; the sole tension is reliance on…

14. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

    Executive Order 14357: Modifying Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China

    Executive Order 14357 reduces an existing tariff burden from 20% to 10% in response to PRC commitments on fentanyl precursors. It operates within the federal foreign-commerce domain, infringes no Bill of Rights protection, expands…

15. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 14, 2026

    Executive Order 14388: Continuing the Suspension of Duty-Free De Minimis Treatment for All Countries

    …the order is likely unconstitutional. The President's authority to impose tariffs and duties is not an enumerated power in Article II. The Constitution grants Congress the power to regulate commerce with foreign nations (Article I, Section…

16. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 11, 2026

    H.R. 1840: Closing the De Minimis Loophole Act

    …commerce. The termination of de minimis treatment and the imposition of tariffs, fees, and taxes on imports fall squarely within this enumerated power. The bill also implicates the federal power to lay and collect taxes (Article I, Section…

17. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    S.J.Res. 37: A joint resolution terminating the national emergency declared to impose duties on articles imported from Canada.

    SJRES 37 is constitutional. It uses Congress's Article I foreign-commerce and duties powers to end an executive emergency tariff regime on Canada, reducing burdens on liberty, property, and due process rather than creating new ones.…

18. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

    Executive Order 14269: Restoring America's Maritime Dominance

    …capacity, and Clause 1 for common defence and general welfare. Section 5 tariffs rely on existing Section 301 delegation and Section 6 uses proposal of legislation, respecting Article I, Section 7 legislative process. Minor delegation…

19. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

    Executive Order 14256: Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China as Applied to Low-Value Imports

    Constitutional border and foreign-commerce action to close the de minimis channel exploited for synthetic opioid shipments, with advance notice and lawful collection procedures and no Bill of Rights infringement. Minor tension remains from…

20. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    S.J.Res. 77: A joint resolution terminating the national emergency declared to impose duties on articles imported from Canada.

    SJRES 77 is constitutional. Congress uses its Article I foreign-commerce and duties powers to end an executive emergency tariff on Canada, removing a burden on peaceful exchange, restoring legislative process, and pushing power away from…