Editorial – The Trump Administration’s Use of Section 122: Major Legal and Constitutional Challenges

President Trump’s reported activation of Section 122 of the Trade Act of 1974 following the U.S. Supreme Court’s decision striking down his reciprocal tariff program represents one of the most legally aggressive uses of dormant trade authority in modern U.S. history. Section 122 has never previously been used by any president as the primary legal basis for broad, economy wide tariffs. Its invocation therefore raises substantial statutory, constitutional, and structural legal questions. Section 122 of the Trade Act of 1974