Opinion | As Trump's Tariffs are Ruled Unconstitutional, Taiwan Should Review its Side of the Deal

2026-02-23 15:00
US President Trump travels to Georgia to participate in campaign activities. (Associated Press)
US President Trump travels to Georgia to participate in campaign activities. (Associated Press)

The U.S. Supreme Court's recent decision to strike down President Donald Trump's "reciprocal tariffs" as unconstitutional is a victory for common sense, but it serves as a harsh wake-up call for Taiwan. For those who have consistently opposed the opaque dealings between the ruling Democratic Progressive Party and the Trump administration, the ruling proves that justice is not blind to executive overreach.

However, it also exposes the Lai Ching-te administration's recent Taiwan-U.S. tariff agreement as a poorly negotiated, premature failure. Compounding this diplomatic blunder is Trump's own admission this week that he discussed arms sales to Taiwan with Chinese President Xi Jinping. These developments clearly demonstrate that Taipei must abandon its established practices of blind compliance, and the Taiwanese public must demand rigorous oversight. (Related: Taiwan Seals New Trade Deal with the US, Critics Point Out Double Standard Latest

After reciprocal tariffs were ruled unconstitutional, US President Trump held a press conference criticizing the justices and claiming he would impose 10% tariffs on all global imports. (Associated Press)
After reciprocal tariffs were ruled unconstitutional by the United States Supreme Court, President Trump held a press conference criticizing the justices and claiming he would impose a 10% tariffs on all global imports. (Associated Press)

The Supreme Court ruling should not have come as a surprise. Domestic and international legal experts have long argued that the U.S. executive branch cannot unilaterally adjust tariffs without congressional approval. Yet, the DPP government ignored these constitutional realities, instead amplifying self-congratulatory propaganda regarding Taiwan-U.S. relations. The 6-3 decision by a conservative-majority court highlights the danger of rushing into definitive negotiations before a host nation's judicial process is complete. By surrendering significant economic interests prematurely, the Taiwanese government positioned itself for the embarrassing rebuke it has now received.

There is a deeper lesson to be learned from the American political system. The United States was founded on a revolutionary suspicion of government injustice, a cultural DNA of skepticism that constantly pushes the nation to self-correct and grow. Taiwanese society must adopt this same skepticism rather than blindly accepting official narratives. Furthermore, the independence of the U.S. judiciary stands in stark contrast to Taiwan's own Constitutional Court, which currently operates with only five members. Taiwan's political leaders and legal professionals should learn from this American institutional resilience and stop endorsing policies that defy legal and practical reality.

The fallout from this collapsed tariff policy extends directly into national security, specifically regarding the highly controversial 1.25 trillion New Taiwan Dollar military procurement budget. Domestic and foreign stakeholders have arrogantly demanded that opposition lawmakers rubber-stamp this massive expenditure, despite a severe lack of transparency. This pressure has been thoroughly undermined by Trump's willingness to treat Taiwan as a geopolitical bargaining chip. By communicating with Xi about arms sales to Taiwan, the U.S. president effectively violated the 1982 "Six Assurances," which explicitly state that Washington will not consult with Beijing on such matters. Given Trump's disregard for constitutional tariff limits, it is naive for Taipei to expect him to honor non-binding State Department documents.

The strategic implications for Taiwan are severe. With his reciprocal tariffs ruled illegal and midterm election pressures mounting, Trump desperately needs a foreign policy achievement to reverse his political fortunes. His upcoming April visit to China offers that lifeline. To secure a new trade agreement and bypass Beijing's leverage over critical resources like rare earth elements, the U.S. administration will inevitably need to make concessions. Taiwan-U.S. arms purchases will probably become the sacrificial lamb in these great-power negotiations.

February 13, 2026, US Secretary of State Rubio meets with Chinese Foreign Minister Wang Yi during the Munich Security Conference in Munich, Germany. (Associated Press)
 US Secretary of State Rubio meets with Chinese Foreign Minister Wang Yi during the Munich Security Conference onFebruary 13, 2026. (Associated Press)

In light of these shifting realities, Taiwan's Legislative Yuan must demonstrate political courage. Because the U.S. Supreme Court has voided the legal foundation of the reciprocal tariffs, Taiwanese lawmakers have the authority and duty to properly supervise, review, and even reject the agreements signed by the executive branch.

Taiwan is not alone in this fight. Countries including Canada, India, and Indonesia have demonstrated strong resistance to U.S. tariff coercion, and South Korea's parliament has already refused approval. Before the legislative session begins in April, society must demand open, transparent discussions on future trade pacts and arms deals. Rejecting unreasonable agreements is not just an act of legislative oversight; it is an absolute necessity to protect Taiwan's national interests and economic survival.

You've read it. Now let's talk. Follow us on X.    Editor:  Chase Bodiford



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