Trade and tariffs
A tariff is a tax on imported goods, paid by the business that imports them. After the Supreme Court struck down tariffs imposed under an emergency law in February 2026, the administration rebuilt its global tariffs under other trade laws. Texas, the top exporting state, has a lot riding on trade with Mexico and Canada.
The basics
A tariff is a tax on imported goods1. Importers declare their goods, and U.S. Customs and Border Protection collects the tariff1. Businesses may absorb that cost or pass some of it on to their customers.
The Constitution gives Congress the power to lay taxes and duties2. Congress has handed part of that power to the President through trade laws, such as Section 232, which allows tariffs on imports that threaten national security1.
In 2025, the President imposed broad tariffs under the International Emergency Economic Powers Act (IEEPA)4. On February 20, 2026, the Supreme Court ruled 6 to 3 that IEEPA does not authorize tariffs4. The administration then imposed a temporary 10% tariff under Section 122 of the Trade Act of 1974, which is limited to 150 days5. In May 2026, the Court of International Trade ruled that tariff exceeded the President's authority, but its order covered only the importers that sued, and the government appealed5.
When that tariff expired on July 24, 2026, new tariffs under Section 301 of the Trade Act of 1974 took effect: generally 10% or 12.5% on imports from 60 trading partners that supply about 99.4% of U.S. imports, with many exceptions3. The administration based them on findings that those trading partners do not effectively ban imports made with forced labor, and lawsuits challenging them were filed right away3. Goods already covered by Section 232 tariffs, such as steel, aluminum and cars, are excluded, as are qualifying goods from Canada and Mexico under the USMCA trade agreement3.
On July 1, 2026, at the agreement's scheduled review, the United States declined to renew the U.S.-Mexico-Canada Agreement (USMCA) in its current form6. The agreement stays in force while the issues are worked out, and it now faces a review every year69. In February 2026, before the Supreme Court ruling, CBO estimated that higher tariffs would reduce federal deficits by $3.0 trillion over ten years7. In August 2026, after the ruling and the tariff changes that followed, CBO estimated that trade policy changes through July 31 would make deficits $0.9 trillion larger over 2027 to 2036 than in that February projection10.
Key terms
- Tariff
- A tax on imported goods, collected by U.S. Customs and Border Protection from the importer1.
- Trade deficit
- When a country buys more from other countries than it sells to them.
- Section 232 and Section 301
- Trade laws that let the President impose tariffs, for national security under Section 2321, or in response to other countries' trade practices under Section 3013.
- USMCA
- The trade agreement among the United States, Mexico and Canada that replaced NAFTA. The U.S. declined to renew it in its current form in July 2026, but it remains in force and is now reviewed every year69.
- Retaliation
- When other countries respond to U.S. tariffs with tariffs of their own on American exports.
In Texas
Texas was the largest exporting state in 2025, shipping $450.3 billion in goods abroad8. Texas goods exports supported an estimated 1.1 million jobs in 20238.
Mexico is Texas's biggest customer by far, buying $125.2 billion in Texas goods in 2025, or 28% of the state's goods exports, followed by Canada at $34.6 billion8. Top Texas exports include computer and electronic products, petroleum and coal products, and chemicals8. That makes the future of the USMCA and any retaliation against U.S. goods especially important for Texas.
How people see it
The strongest case for each view, in terms its supporters would recognize. We don't pick a side.
High tariffs to bring manufacturing home
Supporters say decades of free trade sent factories and good jobs overseas and left the country dependent on rivals for critical goods. High tariffs, even with some higher prices, would pull manufacturing back, rebuild the middle class and raise revenue.
Targeted tariffs on rivals like China
Supporters say the problem is not trade itself but countries that cheat through subsidies, stolen technology and forced labor. They would aim tariffs at those countries and at strategic goods like computer chips and medicine, while trading freely with allies.
Mostly free trade with a few protections
Supporters say trade lowers prices and opens markets for American farmers and manufacturers, but some industries tied to national security need protection. They favor low tariffs overall with narrow exceptions.
Free trade with strong labor and environmental standards
Supporters say trade deals should raise standards, not reward countries that pay poverty wages or pollute freely. They favor open markets as long as partners enforce worker rights and environmental rules, plus help for American workers who lose jobs to trade.
Free trade with minimal tariffs
Supporters say tariffs are taxes paid by American businesses and families, and that they invite retaliation against U.S. exports like Texas energy, chemicals and farm goods. They would cut tariffs broadly and let people and companies buy from wherever offers the best value.
Who decides
- U.S. Congress: Holds the constitutional power over tariffs. It can limit the powers it has delegated to the President and must approve major trade deals.
- President and U.S. Trade Representative: Impose tariffs under laws Congress has passed and negotiate trade agreements.
- Federal courts: Decide whether tariffs go beyond the President's legal authority, as the Supreme Court did in 2026.
- Texas state government: Has no power over tariffs, but promotes Texas exports and weighs in on trade talks.
Questions to ask a candidate
- Should Congress have to vote to approve major tariffs instead of leaving them to the President?
- Should the U.S. renew the USMCA trade deal with Mexico and Canada? What would you change?
- Which current tariffs would you keep, and which would you remove?
- How would you protect Texas exporters and farmers if other countries retaliate?
Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.
Sources
- U.S. Tariff Policy: Overview (IF11030)Congressional Research Service
- Article I, Section 8: Enumerated PowersConstitution Annotated, Congress.gov
- US Administration Rebuilds Global Tariff Program Under Section 301Morgan Lewis
- Learning Resources, Inc. v. Trump (case page)SCOTUSblog
- US Trade Court Strikes Down Section 122 Tariffs, but Ruling's Fate Is Uncertain and Practical Impact Is LimitedSkadden, Arps, Slate, Meagher and Flom
- Ambassador Greer Issues Statement on the USMCA Joint ReviewOffice of the U.S. Trade Representative
- The Budget and Economic Outlook: 2026 to 2036Congressional Budget Office
- Texas: State Benefits of TradeOffice of the U.S. Trade Representative
- USMCA 2026 Joint Review: United States declines to extend Agreement, triggering annual reviewsWhite and Case
- CBO's Updated Budgetary Projections of Tariffs as of July 31, 2026Congressional Budget Office