
President Donald J Trump introduced the House Speaker of Mike Johnson (R-LA) of the House Conference Hall (R-LA) in the Building Building, Washington, DC, Tuesday, March 4, 2025.
Jabin Botsford | The Washington Post | Getty Images
president Donald Trump In a tariff Carnival – It’s unclear whether Congress Even with potential abilities, they will try to stop him.
Trump announced a nearly global tariff regime on Wednesday, placing 10% blankets on nearly every country on the planet and sprinkling dozens of them at significantly higher tariff rates.
A comprehensive policy statement quickly caught stocks in the United States and around the world, which caused fear of recession and triggered positive revenge from China.
New U.S. import tariffs follow other protectionist policies, and Trump advocates that he has launched an economic treatment fee since taking office in January.
Trump’s tariff power
Trump’s Executive Order Implementing what he calls reciprocity tariffs, he said, he obtained authorization for the action from four sources in the U.S. Code.
These include the International Emergency Economic Major Countries Law and the National Emergency Law.
Presidents who use these laws at the same time can declare emergency situations and then impose relevant tariffs.
Wednesday’s order declared a national emergency in response to “abnormal and extraordinary threats” to the U.S. economy and security.
The order said the threat was based on “the structural imbalance in the domestic economic policies of major trading partners and in the global trading system.”
Trump is the first president to use IEEPA to impose tariffs. Congressional Research Services.
He first invoked the law when he announced new tariffs on Canada, Mexico and China.
Tariff power from branch to branch
Under the U.S. Constitution, the power to impose taxes and tariffs directly belongs to the legislative branch.
Article 1, Article 8 The Constitution states that “Parliament has the right to collect and collect taxes, tariffs, impersonations and excise taxes” and “trade norms with foreign countries.”
But Congress enacted laws that gave the president some tariff powers. The court generally upheld this authority.
In the early days of the United States, tariffs were the main source of revenue for the government.
Even after the 16 amendment approved in 1913, the tariffs remain in effect.
However, after the Great Depression’s economy one-two punches and Smit Hawley’s tariff bill, Congress gave the president room to tariffs.
“The main reason is that it’s clumsy for them,” Scott Bomboy, editor-in-chief of the National Constitution Center, said in a phone interview.
The Congressional Research Bureau said at least six federal regulations now delegate some tariff authorities to the president.
What is Congress doing?
As the stock market sell-off intensifies, bipartisan opposition to Trump tariffs begins to emerge.
Four Republican Senators – Mitch McConnell and Rand Paul of Kentucky, Susan Collins of Maine and Lisa Murkowski of Alaska – voted Wednesday with all 45 Democrats and two independents to pass a measure Stop Trump’s tariffs Imported in Canada.
Sen. Tim Kaine, a Democratic Virginia, wrote the resolution, saying that if Congress fails to lift the president’s tariffs, “the country will have a huge economic heartbreak.”
“Donald Trump is starting to take office with the world’s strongest economy,” Kane said. NBC News. “He had a chainsaw for two months and the tariffs turned it into a flashing red light and a question mark. We had to use these tools to make him turn around.”
and Bipartisan Senate Bill Thursday proposed that the president would force the president to issue a 48-hour notice to Congress before imposing new tariffs and allow Congress to approve the duties 60 days or get them expired.
“For a long time, Congress has delegated its explicit power to the executive branch,” Senator Chuck Grassley, R-Iowa, said in a statement Thursday.
“Building on my previous efforts as Chairman of the Finance Committee, I am joining Senator (Maria) Cantwell to introduce the Bipartisan Trade Review Act of 2025 to reaffirm Congress’ constitutional role and ensure Congress speaks in trade policy,” Grassley said.
But while Congress can pass legislation that repeals or limits the president’s tariff powers, it is unclear whether lawmakers will do so.
Any attempt to limit Trump’s tariffs could face a presidential veto.
It is unlikely that the Republican majority and the Senate will cover one, let alone whether the House will vote for the Senate tariff restrictions.
Trump calls The effort to remove the Canadian tariff “strategy” “is not going anywhere because the house will never approve it and I as your president will never sign it.”
A more feasible way to challenge Trump’s tariffs may be through the courts.
federal litigation Florida filed a dispute on Thursday that Trump’s previous use of the IEPA to impose extensive tariffs on Chinese imports was unconstitutional.
The New Civil Liberties Union, a conservative advocacy group, pointed out in the lawsuit that the Emergency Act “does not allow the president to impose tariffs on the American people.”
Legal challenges may pose more threats to Trump than Congress currently does. But Congressional Research Service notes This judicial precedent “gives the president a broad latitude to the exercise of his tariff authorities.”