A new legal analysis argues that recently imposed tariffs under Section 122 violate long-standing constitutional principles, including the major questions and nondelegation doctrines. These doctrines require clear congressional authorization for significant regulatory actions, and the brief contends the tariffs exceed the executive branch’s authority by bypassing explicit legislative intent. Legal scholars and critics have increasingly challenged such measures as overreaching, raising concerns about unchecked administrative power. The document provides a detailed case for why courts may strike down the tariffs on constitutional grounds.


The brief explains why the Section 122 tariffs are illegal and run afoul of the major questions and nondelegation doctrines.