Congress set to neuter its authority to counter Trump tariffs
As Congress debates yet another Continuing Resolution to hastily fund the federal government for a few months, the House yesterday passed a resolution that mixes together several bills.
Tucked within these provisions was a legalistic quirk that would end Congress’ ability to end President Trump’s “State of Emergency” that has so far given him some legal latitude to impose swaths of new tariffs and duties that affect consumers.
The resolution passed by the House of Representatives contained four sections for consideration:
1.) Repeal of the IRS rule related to DeFi brokers and registration (also known as the broker role), affecting cryptocurrency platforms.
2.) Opening the state of limitations related to pandemic relief era as provided in the CARES Act.
3.) A Continuing Resolution to fund the government on a temporary basis
4.) Declaring the rest of the year as a single calendar day for the purposes of the National Emergencies Act
While each of these sections should elicit some debate or praise, the last section is purposefully written so as to freeze time on the Congressional calendar.
Why is this important?
The section reads: “Each day for the remainder of the first session of the 119th Congress shall not constitute a calendar day for purposes of section 202 of the National Emergencies Act (50 U.S.C. 1622) with respect to a joint resolution terminating a national emergency declared by the President on February 1, 2025.”
Comme signalé by the New York Times, this is a procedural move that would neuter Congress’ ability to pass any vote or resolution to gain back their power to issue tariffs and other trade sanctions, because 15 calendar days will not pass (at least legally) for the remainder of the year:
House Democrats had planned to force a vote on resolutions to end the tariffs on Mexico and Canada, a move allowed under the National Emergencies Act, which provides a mechanism for Congress to terminate an emergency like the one Mr. Trump declared when he imposed the tariffs on Feb. 1.
That would have forced Republicans — many of whom are opposed to tariffs as a matter of principle — to go on the record on the issue at a time when Mr. Trump’s commitment to tariffs has spooked the financial markets and spiked concerns of reigniting inflation.
…
The national emergency law lays out a fast-track process for Congress to consider a resolution ending a presidential emergency, requiring committee consideration within 15 calendar days after one is introduced and a floor vote within three days after that.
By passing the resolution, the House Majority has effectively neutered its own authority to set trade policies and to hold the Executive Branch accountable, allowing it to keep the State of Emergency in place so President Trump can issue tariffs on Canada, Mexico, China, the European Union, or any other country without much opposition.
Though the President has some authority to issue tariffs in an emergency situation, according to the National Emergencies Act, removing Congress’ ability to end or even reverse the State of Emergency for the rest of 2025 means Congress has abrogated its responsibility to even have a say on trade policies.
By allowing President Trump to prolong his State of Emergency, there will be no constitutional way for Congress to curb the excesses of the multi-theater trade wars being waged across the world, harming consumers who would otherwise profit from freer trade.
Tariffs are taxes on consumers, and trade wars only make consumers poorer, as Centre de choix des consommateurs describes in detail on FreeTrade4Us.org.
Knowing this was a possibility, Kentucky Senator Rand Paul introduced a bill last year to reaffirm the ability of Congress – and Congress alone – to set trade policy and avoid costly tariffs that raise prices for consumers. He called it the “Loi sur la non-imposition sans représentation“.
“Our Constitution was designed to prevent any branch from overstepping its bounds. Unchecked executive actions enacting tariffs tax our citizens, threaten our economy, raise prices for everyday goods, and erode the system of checks and balances that our founders so carefully crafted,” wrote Sen. Paul.
If Congress neuters its ability to counter tariffs, then American consumers will have to continue to bear the brunt of protectionist policies that are currently making them worse off.
