Congress must define a new 21st century tariff doctrine

The Hill

by Orit Frenkel, opinion contributor

February 25, 2026

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Congress must define a new 21st century tariff doctrine

The Supreme Court has ruled that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) exceeded executive authority, signaling a significant shift in how trade policy will be addressed. This decision now places Congress at the center of defining a new tariff doctrine aimed at lowering prices for consumers, supporting American businesses and farmers, strengthening supply chains, and repairing economic alliances. The ruling underscores the need for Congress to reassess its role in tariffs, ensuring that future policies align with constitutional limits on executive power while addressing key economic priorities. The IEEPA was previously used by the executive branch to impose tariffs based on national security concerns. However, the Court’s decision invalidates this approach, leaving Congress to determine a new framework for tariffs. This shift is significant because it redefines the balance of power between the branches of government and highlights the importance of congressional oversight in trade policy. The challenge now lies in creating a tariff agenda that not only adheres to constitutional boundaries but also addresses ongoing economic challenges, such as rising costs for consumers, vulnerabilities in supply chains, and strained international relations. The implications of this ruling extend beyond legal and political spheres, directly affecting everyday Americans and the broader economy. By taking up this task, Congress must consider how tariffs impact industries like agriculture and manufacturing, while also ensuring that trade policies promote fair competition and

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Originally published on The Hill on 2/25/2026