Congress could intervene

President Donald Trump has unleashed what many are calling a global trade war with his recent implementation of sweeping tariffs affecting nearly every U.S. trading partner. But as markets tumble and tensions escalate, an important question emerges: Does Congress have the power to intervene, and will they actually use it?

The Sweeping Tariff Regime

On Wednesday, Trump announced a blanket 10% duty on imports from almost every country worldwide, with dozens of nations facing even higher tariff rates. This dramatic policy shift has had immediate consequences:

• Stock markets in the U.S. and globally have plummeted
• Recession fears are intensifying
• China has already announced aggressive retaliatory measures

These new import duties follow other protectionist policies that Trump has implemented since returning to office in January. The President has consistently championed tariffs as an economic cure-all, despite growing evidence of their negative impact on markets.

Presidential Authority: How Can Trump Do This?

Trump’s executive order implementing what he calls “reciprocal tariffs” cites four sources of authority in the United States Code, most notably:

• The International Emergency Economic Powers Act (IEEPA)
• The National Emergency Act

By using these laws in tandem, Trump declared a national emergency in response to what the order describes as an “unusual and extraordinary threat” to America’s economy and security. This threat, according to the order, stems from “the domestic economic policies of key trading partners and structural imbalances in the global trading system.”

Notably, Trump is the first president to use the IEEPA to impose tariffs, according to the Congressional Research Service. He initially invoked this law in February when announcing tariffs on Canada, Mexico, and China.

The Constitutional Question

This situation highlights a fascinating constitutional dynamic. Under the U.S. Constitution, the power to tax and impose tariffs belongs primarily to Congress, not the president:

• Article 1, Section 8 clearly states, “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises”
• It also gives Congress the power “To regulate Commerce with foreign Nations”

However, over time, Congress has enacted laws delegating some tariff authority to the executive branch. After the economic devastation of the Great Depression and the controversial Smoot-Hawley Tariff Act, lawmakers began giving presidents more flexibility on trade policy.

“The primary reason was, it was unwieldy for them,” explains Scott Bomboy, editor in chief of the National Constitution Center, referring to lawmakers’ reluctance to manage detailed tariff adjustments.

Today, at least six federal statutes delegate some tariff authorities to the president, according to the Congressional Research Service. The courts have generally upheld this presidential authority when challenged.

Congress Begins to Push Back

As the market sell-off deepens, bipartisan opposition to Trump’s tariffs is beginning to emerge. Recent developments include:

• Four Republican senators — Mitch McConnell and Rand Paul of Kentucky, Susan Collins of Maine, and Alaska’s Lisa Murkowski — voted alongside all 45 Democrats and two independents to pass a measure blocking Trump’s tariffs on Canadian imports.
• Democratic Sen. Tim Kaine of Virginia, who authored that resolution, warned: “There is going to be massive economic heartbreak in this country” if Congress fails to undo the president’s tariffs.
• A bipartisan Senate bill introduced Thursday would require the president to give Congress 48 hours’ notice before imposing new tariffs and allow Congress 60 days to either approve those duties or let them expire.

“For too long, Congress has delegated its clear authority to regulate interstate and foreign commerce to the executive branch,” Sen. Chuck Grassley (R-Iowa) said in a statement supporting the bill, which he co-sponsored with Sen. Maria Cantwell.

Will Congress Act Decisively?

While Congress technically has the power to pass legislation that repeals or restricts the president’s tariff authority, the political reality is more complicated. Although some bipartisan concern is evident, it remains unclear whether lawmakers will take decisive action to curtail Trump’s trade policies.

The economic stakes couldn’t be higher. As Kaine pointedly noted, “Donald Trump started in office with the strongest economy in the world. He has, in two months, with the chainsaw and the tariffs turned it into one with flashing red lights and question marks.”

As markets continue to react and global tensions rise, the question remains: Will Congress reassert its constitutional authority over trade policy, or will the legislative branch continue to allow the president’s unprecedented use of emergency powers to reshape America’s economic relationships with the world?

For businesses, investors, and consumers caught in the crossfire, the answer can’t come soon enough.