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Executive Order 14361 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.62) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Modifying the Scope of Tariffs on the Government of Brazil

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Thursday, November 20, 2025
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6 min read (1,188 words)
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90 Fed. Reg. 54467

Executive Brief • At a Glance

⏱️ 6 min read (1,188 words) • ● In Effect
🎯 Primary Mandate

The Harmonized Tariff Schedule of the United States shall be modified as provided in Annex II to this order.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Foreign Nations & International Entities

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Donald Trump on November 20, 2025, this order concerns Modifying the Scope of Tariffs on the Government of Brazil. In Executive Order 14323 of July 30, 2025 (Addressing Threats to the United States by the Government of Brazil), I found that the scope and gravity of recent policies, practices, and actions of the Government of Brazil constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States that has its source in whole or substantial part outside the United States.

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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Tariff Modifications

The Harmonized Tariff Schedule of the United States shall be modified as provided in Annex II to this order.

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Implementation

The Secretary of State shall continue to monitor the circumstances involving the emergency declared in Executive Order 14323 and shall regularly consult on such circumstances with any senior official he deems appropriate.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities 🏛️ Financial Institutions & Monetary Authorities
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
§

"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
64 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

High Friction

Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
1,188
7,252 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
16.8
Post-Graduate Legal
Language Tone Score
+0.62
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

Executive Order 14361 of November 20, 2025 Modifying the Scope of Tariffs on the Government of Brazil By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) (IEEPA), the National Emergencies Act ( 50 U.S.C. 1601 et seq. ), section 604 of the Trade Act of 1974, as amended ( 19 U.S.C. 2483 ), and section 301 of title 3, United States Code , I hereby order:

Section 1 . #sec-1

Background. In Executive Order 14323 of July 30, 2025 (Addressing Threats to the United States by the Government of Brazil), I found that the scope and gravity of recent policies, practices, and actions of the Government of Brazil constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States that has its source in whole or substantial part outside the United States. I declared a national emergency with respect to that threat and, to deal with that threat, I determined that it was necessary and appropriate to impose an additional ad valorem duty rate of 40 percent on certain articles of Brazil. Additionally, in Annex I to Executive Order 14323 , I listed certain articles that, in my judgment, should not be subject to the additional ad valorem rate of duty imposed pursuant to that order. On October 6, 2025, I participated in a call with Brazilian President Luiz Inácio Lula da Silva, during which we agreed to begin negotiations to address the concerns identified in Executive Order 14323 . These negotiations are ongoing. I also have received additional information and recommendations from various officials who, pursuant to my direction, have been monitoring the circumstances involving the emergency declared in Executive Order 14323 . For example, in their opinion, certain agricultural imports from Brazil should no longer be subject to the additional ad valorem rate of duty imposed under Executive Order 14323 because, among other relevant considerations, there has been initial progress in negotiations with the Government of Brazil. After considering the information and recommendations these officials have provided to me and the status of negotiations with the Government of Brazil, among other things, I have determined that it is necessary and appropriate to modify the scope of products subject to the additional ad valorem rate of duty imposed under Executive Order 14323 . Specifically, I have determined that certain agricultural products shall not be subject to the additional ad valorem rate of duty imposed under Executive Order 14323 . Accordingly, an updated version of Annex I to Executive Order 14323 is attached to this order, which shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 13, 2025. In my judgment, these modifications are necessary and appropriate to deal with the national emergency declared in Executive Order 14323 .

FR Page 54468

Sec. 2 . #sec-2

Tariff Modifications. The Harmonized Tariff Schedule of the United States shall be modified as provided in Annex II to this order. The modifications shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 13, 2025. To the extent that implementation of this order requires a refund of duties collected, refunds shall be processed pursuant to applicable law and the standard procedures of U.S. Customs and Border Protection for such refunds.

Sec. 3 . #sec-3

Implementation. (a) The Secretary of State shall continue to monitor the circumstances involving the emergency declared in Executive Order 14323 and shall regularly consult on such circumstances with any senior official he deems appropriate. The Secretary of State shall inform me of any circumstance that, in his opinion, might indicate the need for further action by the President. (b) The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, the Senior Counselor for Trade and Manufacturing, and the Chair of the United States International Trade Commission, is directed to take all necessary actions to implement and effectuate this order, consistent with applicable law, and is hereby authorized to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of State may, consistent with applicable law, redelegate the authority set forth in this order within the Department of State. Each executive department and agency shall take all appropriate measures within its authority to carry out this order.

Sec. 4 . #sec-4

Severability. If any provision of this order, or the application of any provision to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other individuals or circumstances shall not be affected thereby.

Sec. 5 . #sec-5

General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

FR Page 54469

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The costs for publication of this order shall be borne by the Department of State.

THE WHITE HOUSE, #signature

November 20, 2025.

📑Federal Register Pages 54470–54516 (Annex / Tabular Schedules)

These pages comprise tabular annexes, tariff rate modifications, or graphic schedules in the printed Federal Register.

🏛️Official NARA Filing:FR Doc. 2025-21417 Filed 11-25-25; 11:15 am
Billing Codes: 4710-05-P, 7020-02-C
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Scholarly & Legal Citations

Exec. Order No. 14,361, 90 Fed. Reg. 54,467 (Nov. 20, 2025).