# Prospective Legal Challenges to Trump's Section 338 Tariffs Against Canada
Legal scholars Peter E. Harrell and Jennifer Hillman from Georgetown University outline potential constitutional and statutory challenges to tariffs President Trump may impose on Canada under Section 338 of the Trade Expansion Act of 1962.
The Section 338 authority grants the president broad power to raise tariffs on imports deemed necessary for national security. Trump has used this provision before, most notably against steel and aluminum imports during his first term. Harrell and Hillman identify several grounds on which courts could block new tariffs.
First, they argue the national security justification lacks credible grounding when applied to Canada. Courts have historically deferred to executive claims of national security, but recent judicial skepticism suggests judges may demand genuine evidence linking tariffs to actual security threats. Canada ranks among America's closest allies and primary trade partners. Tariffs targeting Canadian goods face steep credibility challenges.
Second, the scholars contend Section 338 itself contains an implicit limiting principle. The statute requires tariffs serve legitimate national security purposes, not economic protectionism. Trump's previous tariff actions faced legal scrutiny on these grounds, and new tariffs could trigger similar challenges.
Third, they flag due process concerns. Businesses and affected parties may argue lack of adequate notice and opportunity to be heard before tariffs take effect, violating procedural fairness requirements under the Administrative Procedure Act.
Fourth, international trade agreements complicate unilateral tariff action. The United States-Mexico-Canada Agreement explicitly constrains tariff authority. Courts might reference these treaty obligations when evaluating tariff legality.
Harrell and Hillman stress that while presidents possess substantial deference in national security matters, courts retain power to police extreme abuses of executive authority. A Canadian tariff regime grounded primarily in trade leverage rather than genuine security threats