Can Trump still impose tariffs? As of February 21, 2026, the answer is yes—Donald Trump, as the sitting President of the United States, retains the authority to impose tariffs under existing federal trade laws passed by Congress.
The U.S. Constitution gives Congress the power to regulate foreign commerce. However, Congress has delegated certain trade authorities to the executive branch through statutes that remain active today. Because those laws are still in force, President Trump can use them to impose new tariffs or modify existing ones, provided he follows statutory procedures.
Here is what current law says and how it applies right now.
Table of Contents
The Constitutional Foundation
The Constitution places tariff authority in Article I.
Congress has the power to:
- Lay and collect duties and imposts
- Regulate commerce with foreign nations
Presidents do not have independent tariff authority under the Constitution’s text. Instead, they act under powers delegated by Congress.
This structure remains unchanged in 2026.
The Key Laws That Allow Presidential Tariffs
Several federal statutes grant the president authority to impose tariffs under specific conditions.
The most significant laws include:
Section 232 of the Trade Expansion Act of 1962
Section 232 allows the president to adjust imports if the Department of Commerce determines that certain imports threaten national security.
Under this law:
- The Commerce Department conducts an investigation.
- The department submits findings to the president.
- The president decides whether to impose tariffs or other trade restrictions.
This authority remains fully active in 2026.
Section 301 of the Trade Act of 1974
Section 301 allows the United States to respond to unfair trade practices by foreign countries.
Under Section 301:
- The U.S. Trade Representative investigates trade practices.
- If violations are found, the president may impose tariffs or other measures.
This law served as the legal basis for tariffs on hundreds of billions of dollars in Chinese imports during Trump’s first term. The statute remains in force.
International Emergency Economic Powers Act (IEEPA)
In certain circumstances involving national emergencies tied to foreign threats, the president may use IEEPA authority to regulate economic transactions.
IEEPA does not function as a general tariff law. However, it provides broad executive authority in emergency situations.
As of today, it remains available under federal law.
Trump’s Current Status in 2026
Donald Trump began his second term on January 20, 2025.
As president, he holds the same statutory tariff authorities that prior presidents exercised.
Congress has not repealed Section 232.
Congress has not repealed Section 301.
No court has struck down those laws.
Therefore, Trump retains the ability to impose tariffs if he follows the legal process outlined in those statutes.
Court Challenges and Legal Boundaries
Federal courts have reviewed tariff actions in recent years.
Businesses challenged Section 232 and Section 301 tariffs in the U.S. Court of International Trade. Courts upheld the constitutionality of these statutes and confirmed that Congress provided sufficient guidance to the executive branch.
Judges focused on whether procedures were followed, not on eliminating presidential authority altogether.
As of February 2026:
- No Supreme Court ruling has invalidated these tariff laws.
- Executive authority under these statutes remains intact.
That legal backdrop supports the answer to the question, can trump still impose tariffs.
What Limits Exist on Presidential Tariffs?
Although the president holds delegated authority, limits apply.
Under Section 232:
- The Commerce Department must conduct a formal investigation.
- National security findings must support the action.
- The president must act within statutory timelines.
Under Section 301:
- The U.S. Trade Representative must conduct an investigation.
- Public comment procedures apply.
- Actions must address unfair trade practices.
Courts can review whether the executive branch followed these procedures.
Congress can also amend or repeal these laws at any time.
Congress Still Controls the Framework
Congress retains ultimate authority over tariff laws.
Lawmakers may:
- Modify the scope of executive power
- Require congressional approval for new tariffs
- Repeal statutory delegation
Several bipartisan proposals have sought to increase congressional oversight of tariff decisions. However, as of today, no law has removed the president’s authority under Sections 232 or 301.
The constitutional system of checks and balances remains in place.
How Tariffs Are Implemented
When a president imposes tariffs under delegated authority, several steps follow:
- Federal agencies publish the action in the Federal Register.
- U.S. Customs and Border Protection collects duties at ports of entry.
- Importers pay tariffs when goods enter the United States.
- Revenue goes to the U.S. Treasury.
Tariffs function as federal taxes on imports. The president does not personally collect or control the revenue.
Recent Tariff Environment in 2026
Tariff policy remains an active area of economic debate.
Existing tariffs from previous administrations remain in place in several sectors, including steel, aluminum, and certain goods imported from China.
Presidential authority to adjust these tariffs continues under statutory law.
Trade discussions in 2026 often center on:
- Domestic manufacturing protection
- Supply chain security
- National security concerns
- Economic competitiveness
Legal authority remains unchanged regardless of political debate.
Supreme Court and Nondelegation Concerns
Some legal scholars have questioned whether Congress delegated too much authority to the executive branch.
The Supreme Court has historically upheld broad delegations when Congress provides guiding standards. Courts reviewing Section 232 and Section 301 have found that those statutes include sufficient limits and procedures.
As of February 2026, the Supreme Court has not overturned these delegations.
That judicial position reinforces presidential authority to act within statutory limits.
Direct Answer: Can Trump Still Impose Tariffs?
Yes.
As the current president, Donald Trump can still impose tariffs under existing federal laws, including Section 232 and Section 301. Those statutes remain valid. Courts have upheld them. Congress has not rescinded them.
Any new tariff action must follow required investigations and procedures.
Legal authority exists. Oversight mechanisms also remain in place.
Quick Legal Overview
| Question | Current Status (2026) |
|---|---|
| Does the Constitution give Congress tariff power? | Yes |
| Can Congress delegate tariff authority? | Yes |
| Are Section 232 and 301 still valid? | Yes |
| Has the Supreme Court invalidated them? | No |
| Can Trump impose new tariffs today? | Yes, within statutory limits |
This framework defines the current legal reality.
Why This Question Matters
Tariffs affect prices, trade relationships, and domestic industries.
Understanding presidential authority clarifies how quickly trade policy can shift. While Congress holds the constitutional power, delegated statutes allow the executive branch to act without passing new legislation each time.
That structure explains why presidents from both parties have used these authorities.
In 2026, the same legal system applies.
Final Takeaway
The legal answer to can trump still impose tariffs is straightforward: yes, he can, as long as he follows the procedures set by Congress under existing trade laws.
The Constitution gives Congress control over trade. Congress has chosen to delegate portions of that power. Those delegations remain active today.
Tariff policy may evolve, but the statutory authority behind it continues to operate.
What do you think about presidential trade powers in 2026? Share your thoughts and stay engaged as U.S. tariff policy continues to shape the economy.
