Congress Must Define a New 21st Century Tariff Doctrine

As published in The Hill by Dr. Orit Frenkel

The Supreme Court’s decision that the sweeping tariffs imposed under the International Emergency Economic Powers Act exceed the executive’s authority is a welcome restraint on the president’s abuse of tariff statutes. But the job remains only partially done.

The Supreme Court decision puts the ball squarely back in Congress’ court to complete the job of defining a new tariff agenda.

The Trump administration’s sweeping and volatile tariffs undermined the global system that had been in place for decades. President Trump had imposed the highest tariffs since 1934, increasing prices for American businesses, workers, farmers, ranchers, and families.

Tariffs are regressive taxes, hitting lower income Americans the hardest, deepening domestic inequality, and potentially creating an affordability crisis. Research from the nonpartisan Tax Foundation found that the administration’s tariffs amounted to an average tax increase of $1,000 per U.S. household in 2025. That cost is set to rise to $1,300 per household this year if the policies stay in place.

Read the full paper here.