Presidents/Donald J. Trump/Executive Order
Executive Order14361 Within Constitutional Authority

Executive Order 14361—Modifying the Scope of Tariffs on the Government of Brazil

Issued 2025-11-20 by Donald J. Trump

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This executive order is being taken because of concerns about policies and actions by the Brazilian government. The President determined that these actions posed an unusual and extraordinary threat to U.S. national security, foreign policy, and the economy. As a result, an initial set of tariffs was imposed, but this order modifies those tariffs to address ongoing negotiations with Brazil.

Specifically, the executive order changes which products are subject to a 40% tariff. It has decided that certain agricultural imports from Brazil will no longer be subject to those higher tariffs, based on progress made in the ongoing negotiations with the Brazilian government.

The changes will go into effect starting November 13, 2025, and the details of these modifications are outlined in a separate section of the order. The Secretary of State will continue to monitor the situation and work with other officials to ensure that these changes are implemented effectively.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

Executive Order 14361 addresses "Modifying the Scope of Tariffs on the Government of Brazil". The President's stated reasoning: "the concerns identified in Executive Order 14323." Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."

Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.

Official Summary

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