Constitutional Opinion No. 2026-0665
Case Information
- Content Scored
- Presidential Memorandum: Section 301 Action Imposing a 25 Percent Tariff on Brazilian Goods
- Source
- Federal Register / Executive Office of the President
- Author
- President Donald J. Trump
- Publication Date
- 2026-07-15
- Content Type
- Executive Order
- Opinion Issued
- 2026-07-19
- AFCS Version
- 1.0
Holding
The Court holds that this presidential memorandum, directing the U.S. Trade Representative to impose a 25 percent tariff on Brazilian goods following a Section 301 investigation into practices deemed unreasonable or discriminatory that burden U.S. commerce, aligns with the Standard. It prioritizes American commercial interests (Article I), defends U.S. ethanol market access and domestic industry (Article XIII), and protects American intellectual property and enterprise while sitting in modest tension with free-market principles (Article IX). The Court finds no Automatic Fail: a duty on foreign goods is not an explicit new tax on Americans within the meaning of Article X, and no such position is stated. Scored under the default 70/30 weighting. Final score 77 — Mostly America First.
It is the judgment of this Court that Opinion No. 2026-0665 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.