Presidents have historically held authority over tariffs, with Congress retaining the ability to revoke this power whenever desired.
On-Point & Unfiltered:
Uncle Donny Trump's willy-nilly slapping tariffs on the world's goods is making a mess of the market and testing relationships. With China's retaliation, Trump decides to triple the heat, aiming for tariffs over 100% on Chinese imports starting Wednesda-freakin'-y.
Is this tariff dance gonna spark an American manufacturing comeback? Only time will tell after the tariffs drop at midnight on Hump Day. Expect those merchandises at your local store to cost more moolah if they stick around.
Donny's claiming he's got broad legal power to reshape the global economy, though it ain't what the Founding Father's had in mind. Republican bigwigs on Capitol Hill are finally grumbling about Donny encroaching on their turf. Some of 'em wanna snatch back power from the prez. Even conservative groups are lawsuit-ing Donny over his authority.
Bipartisan Bill to Shackle Tariff Power
Seven GOP senators signed up to a bipartisan bill that intends to place a cap on the tariff authority Congress has given to prez-idents over the years, which Donny is now abusing shamelessly.
This bill, sponsored by Sen. Maria Cantwell (D-Wash.) and Sen. Charles Grassley (R-Iowa), forces the White House to justify tariffs and gives lawmakers a shot to veto them within 60 days.
"Congress has been delegating its clear authority to regulate commerce to the executive branch for too long," Grassley spit out in a statement.
Joining Grassley are former Republican leader Sen. Mitch McConnell (Ky.), GOP Senators Jerry Moran (Kan.), Lisa Murkowski (Alaska), Thom Tillis (N.C.), Todd Young (Ind.), and Susan Collins (Maine).
A similar bill is rolling in the House, introduced by Rep. Don Bacon (R-Neb.).
"It's high time that Congress snatches back some control here," Bacon shouted out on CBS News over the weekend. "We handed over some power to the executive branch, and I reckon in hindsight, that was a damn fool move."
Bill's Prospects Slim to None, For Now
While there are enough Republican senators on board to work with Democrats on this bill and dodge a filibuster, there's yet insufficient muscle to gather the 67 votes needed to override a White House veto.
In the House, it might not even be doable to get a vote in the first place - a fact Senate Majority Leader John Thune tipped his hat to on Monday when he said, "I don’t think that has a future."
It's also fuzzy whether the lawmakers' solution to end tariffs - votes in the House and Senate - would work.
Donny imposed 10% across-the-board tariffs and more targeted tariffs using the International Emergency Economic Powers Act (IEEPA), a 1977 emergency law. He's teaming up the IEEPA with the 1974 Trade Act, which let prez-idents negotiate trade deals with Congress' blessing and implement temporary tariffs.
Power Tussle in Court
Not everyone's convinced Donny's current interpretation of the law - that he can impose tariffs under national emergency - is legit.
A libertarian legal group, the New Civil Liberties Alliance, is suing Donny on behalf of Simplified, a Florida home goods company run by social media Instagram influencer Emily Ley. The group's also involved in a lawsuit, filed for New England fishermen, that did in the Supreme Court's Chevron deference precedent, which undermined executive power during the Biden administration.
The emergency law through which Donny's slapping tariffs is meant to ravage foreign threats, according to the group.
"The IEEPA absolutely doesn't authorize the president to impose tariffs. In its nearly 50-year history, no previous president - including Donny in his first term - has ever tried to use the IEEPA to impose tariffs," according to a statement from NCLA announcing the lawsuit.
The Supreme Court's been pal around with Donny's executive claims so far, but this case might change things. Stay tuned!
Congressional Power Over Tariffs
The Constitution grants Congress the stake to tax, import duties, imposts, and excises, and also the power to regulate commerce with foreign Nations. However, during World War I, Congress began delegating some of that authority when it handed the president the power to regulate trade with enemies.
After the Smoot-Hawley tariff bill, which helped deepen the Great Depression, Congress began the process of transferring power over tariffs to prez-idents in 1930. Decades later, after the passage of several more laws, Donny's now claiming near-total control over imposing tariffs worldwide.
Most taxes except for tariffs need to go through Congress. Dem Rep. Josh Gottheimer (N.J.) said Tuesday on CNN's The Situation Room that Congress needs to reclaim power and tell Donny, "You're abusing this authority; this ain't meant for you to do what you're doing."
There's also a political argument for Republicans to stand up to Donny.
"Business folks ponder long-term, make long-term investments," Tillis told CNN's Manu Raju on Tuesday. "The American people think every two years, and they generally reward an administration and Congress that gets us on the right track," Tillis said, referring to the midterms in 2026 - when he'll be up for re-election.
In sum, while the Trade Review Act of 2025 intends to limit presidential tariff power and restore Congressional authority, its future remains unclear amidst ongoing political divisions and Donny's strong stance on tariffs.
- The bipartisan bill, sponsored by Senators Maria Cantwell and Charles Grassley, is designed to cap the tariff authority given to presidents, addressing concerns over its abuse, as seen with the current administration.
- The bill intends to force the White House to justify tariffs and allow lawmakers a 60-day veto, if necessary, acting as a check on the executive branch's tariff implementation.
- Despite support from some Republican senators, the bill's prospects for passing and overriding a potential veto are slim, raising questions about Congress' ability to reclaim power over tariffs and address the imbalance in the global economy.
