- President Donald Trump's extensive tariff proposal pushes the boundaries of presidential authority.
- Several Republican congressmen have openly distanced themselves from Trump, suggesting legislation aimed at curbing his actions on trade matters.
- Four political scientists informed Business Insider that these bills serve as symbolic protests and have virtually no chance of being approved.
Although new legislation is being introduced to curb his actions, don't expect Congress to halt President Donald Trump's progress anytime soon. sweeping tariff plan .
Republican Senator Chuck Grassley from Iowa and Democrat Senator Maria Cantwell from Washington introduced a bill in the Senate on Thursday. limit a president's power To implement tariffs. This legislation would enable Congress to cast a vote to terminate any such tariff anytime, mandate that the President must inform Congress of any impending new duties 48 hours prior, and necessitate explicit congressional approval for any new tariffs within a period of 60 days.
Four more Republicans — Mitch McConnell from Kentucky, Lisa Murkowski from Alaska, Thom Tillis from North Carolina, and Jerry Moran from Kansas — have joined as co-sponsors for this legislation. Additionally, Republican Representative Don Bacon has announced his intention to file a corresponding House bill featuring comparable stipulations.
Business Insider talked to four political scientists who indicated that although the legislation put forth by GOP lawmakers marks the initial instance where certain members of the president’s party have openly distanced themselves from him post-election, these measures serve mainly as symbolic protests and will almost certainly fail passage. Even with backing from Democrats, the bills lack sufficient support for approval.
As things stand now, although Congress has the capability, it lacks the inclination," said Justin Crowe, a political science professor at Williams College, speaking with BI. "In the short term, there’s almost no likelihood of this happening. If we were to see trade war And should we experience an extensive economic decline over the coming months, one might anticipate Congress stepping in. However, this appears highly improbable in the short term.
Justin Buchler, an associate professor of political science at Case Western Reserve University, explained to BI that these suggested bills are actually superfluous from a legal standpoint because the Constitution gives Congress sole authority over imposing tariffs and duties. Nevertheless, in recent times, legislators have been less involved in this process, often leaving it up to the executive branch to implement tariff policies as long as they adhere to the boundaries set by Congress.
Congress won't regain its authority over trade.
There are six distinct laws in place to regulate the president's actions. tariffs There are just three exceptions permitting the president to levy tariffs without a prior congressional inquiry. However, only one such exception has been utilized thus far: the International Emergency Economic Powers Act of 1977. This act empowers the president to invoke an emergency as per the National Emergency Act for regulating or prohibiting imports.
Trump cited that power on Wednesday when he announced sweeping 10% tariffs on goods imported from almost every country into the United States and imposing even more stringent tariffs on 60 trading partners that have an ongoing trade surplus with the U.S.
According to the National Constitution Center The remaining two presidential exemptions for tariffs, which have yet to be utilized, originate from the Trade Act of 1974 and the Tariff Act of 1930. These pieces of legislation permit the president to impose provisional tariffs aimed at correcting balance-of-payments imbalances as well as addressing situations where foreign nations unfairly disadvantage US trade through their own tariff policies.
However, the political scientists informed Business Insider that it’s unlikely Congress will make a significant effort to reclaim its authority over trade matters.
We find ourselves in an unusual situation where, legally speaking, no new laws ought to be required since what Donald Trump is doing goes well beyond what the Constitution allows, making such actions unnecessary altogether," Buchler stated. "However, the judicial system won’t halt his activities, and with little chance of reaching a two-thirds majority needed to overridden a presidential veto—and possibly unable to pass anything through the House as Mike Johnson seems unlikely to allow votes on these matters—it appears rather pointless.
Supply chain specialists and economic analysts earlier informed Business Insider that Trump's extensive "Freedom Day" tariffs are anticipated to lead to higher prices for everything From basic items such as coffee and sugar all the way to clothing and bigger buys like automobiles and home appliances. The market has tanked In reaction to the uncertainties surrounding global trade, stocks experienced their biggest one-day drop in half a decade on Thursday.
And even though members of Congress surely understand the economic upheaval resulting from Trump's aggressive trade strategy , there’s minimal motivation to jeopardize their political capital on a fight they’re likely to lose — at least not for the moment.
Susan McWilliams Barndt, a politics professor at Pomona College, stated to BI, 'I believe they will hold off until they gauge whether their constituents voice objections. They'll likely wait to determine if these concerns are specifically linked to the tariffs. Only after a few weeks might we observe an actual reaction from Congress,' she explained.
Patricia Crouse, a political science professor at the University of New Haven, concurred, stating to BI that she anticipates "The primary resistance might emerge if it leads to Republican losses in the 2026 elections."
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