Trump Makes Mockery of U.S. Tariff Laws.

The tariff war is increasingly becoming an all-out trade war –– with many nations including our closest allies. Reliance now on Section 338 is outrageous as well as claims of forced labor. Section 338 has never been relied upon over the almost last 100 years (since its inception in 1930’s). Trump’s reliance on Section 301 “Retaliation’ is even worse.

Trump’s ever-changing legal rationales on a broad range of tariff actions are ludicrous.

Now he is making a push for even broader tariff powers (unrelated to Russia) that are included needlessly in the proposed Russian sanction legislation. His make a mockery out of the law.

Trump’s economic and military threats are no longer bearing much fruit. Just look at the recent Iranian and Canadian threats.

Trump’s tariffs have endangered U.S. foreign policy and drove away our closest allies. emboldened our adversaries and endangered our national security.

Trump’s tariffs have simply not increased U.S. manufacturing. This is clear from the data. They have only increased the wealth-wage divide in the U.S.

Courts and Congress need to be more aggressive in their overview. Politicians and the broad range of individuals, consumers, farmers and firms — large and small — need to immediately raise their voices of confrontation. ‘Enough.’

The Supreme Court needs to get back into this constitutional fray.

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Industry clamor around granting the president new tariff powers is reaching a fever pitch (in discussing the proposed Russian Sanctions Legislation) as groups intensify their lobbying efforts ahead of a potential floor vote ….. A coalition of more than 30 groups wrote to House leadership warning of higher costs to consumers and urging lawmakers to ditch the tariff language from the bill. Industry groups have also been meeting privately with lawmakers and congressional staff to vent their frustration …. The White House is pushing Johnson to jam this through because Trump is desperate for new tariff power, not because he needs new tools against Russia.” “Broad, New Trade Measures and Proposed  Russian Sanction Legislation.” Politico (Sept. 14, 2026).

“The age of capitulation that defined Trump’s return to office may be starting to fade. World leaders and domestic institutions are, in some cases at least, showing less willingness to submit to Trump’s will ….  Universities and law firms are rebuffing his directives rather than signing on the bottom line …. The clash with Canada brings a lot of that history to the fore. Both sides have continued to escalate in recent days.” “Deference to Trump Turns Increasingly to Defiance.” New York Times (August 27, 2026).

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About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (Schar School of Public Policy).
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