President Donald Trump has broad authority to wage trade wars and impose tariffs on enemies and allies alike, thanks to decades of Congress ceding power to the White House.
Lawmakers now have little power to push back, allowing Trump to unilaterally use one of his favorite tools to rattle other countries and demand concessions.
But his threatened tariffs this week against Canada and Mexico and imposition of penalties on China rested on untested legal territory, raising questions about whether lawmakers might challenge such levies if he returns to the idea.
Here’s what power Congress has over tariffs, what some Democrats want to do to rein in the president, and why Republicans are skeptical of that idea.
Power Shift
Before the 1930s, Congress usually set tariffs, according to the nonpartisan Congressional Research Service, which provides research and background information for lawmakers.
But over many decades Congress has handed that power to presidents, allowing the White House to change tariff rates “in response to specific trade-related concerns” tied to U.S. foreign policy and national security, the research service wrote in a paper updated on Jan. 31.
The last time Congress set tariff rates: 1930, according to CRS.
Trump’s threats, however, rested on a novel approach. He planned to impose tariffs under the International Emergency Economic Powers Act of 1977, which, by law, can be used to confront “any unusual and extraordinary threat” based “in whole or substantial part outside the United States” and affecting national security, foreign policy, or the economy.
But it’s unclear if the law allows for imposing tariffs “as no President has previously used” the act to do so, CRS wrote.
Changes Proposed
Some Democrats say it’s time for Congress to take back its authority. Sens. Tim Kaine (Va.) and Chris Coons (Del.) introduced a bill Friday that would require Congress to approve new tariffs on US allies and partners in trade agreements.
“Congress gave the president the authority to impose tariffs so that he could combat our enemies in the event of a national security crisis, not so that he could pursue grudges against our allies and neighbors,” Coons said in a statement. “If the president is going to abuse this power to bully and coerce our allies, Congress should take this authority back.”
Sen. Ron Wyden (D-Ore.), the top Democrat on the Senate Finance Committee, said in a brief interview, “I always oppose giving up our Constitutional responsibilities, and I’ll have more to work with now.”
The Kaine and Coons bill would require presidents to explain how tariffs will affect the US economy and foreign policy interests. The president would retain the ability to unilaterally impose tariffs to fight unfair trade practices.
Another option for lawmakers is a vote to terminate the emergency Trump is citing, a move that could force members of both parties to take public stands on the president’s approach.
Republican Support
Republicans, however, control both chambers of Congress and are inclined to leave the power in Trump’s hands. They’ve supported nearly all his steps in office so far, or at least remained quiet.
“If Congress were more functional, I could see maybe having a little bit larger role,” on tariffs, said Sen. Ron Johnson (R-Wis.). But he said Congress is too dysfunctional to handle the work, and doesn’t want to take on the blame or responsibility of imposing tariffs.
“It’s all about: Congress doesn’t want to be held accountable,” Johnson said.
Other Republicans backed Trump’s approach.
“The president is acting within his authorities, and I support that,” said Sen. Shelley Moore Capito (R-W. Va.), the senate’s fourth-ranking Republican. She said she doesn’t “see a need” for changing the White House’s power on tariffs.
Small Dollars
While tariffs loom large in Trump’s plans, including to pay for tax cuts, they account for relatively little revenue. In fiscal year 2024 the $77 billion collected in tariffs was about 1.57% of total federal revenue, according to CRS. They’ve never gone much beyond 2% of federal revenue in the past 70 years.
“Instead, the United States has generally used its tariff policy to encourage global trade liberalization and pursue broader foreign policy goals,” CRS wrote.
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