Apr 10, 2025 13:40:00

Efforts to limit President Trump's ability to impose unilateral tariffs without congressional approval are gaining momentum

by

Paul-W

In response to President Donald Trump's tariff policies, there have been moves to limit President Trump's powers, including senators introducing bills to limit the president's ability to unilaterally impose tariffs without congressional approval and lawsuits being filed alleging that President Trump's actions are illegal or unconstitutional.

7 GOP senators sign on to bill to check Trump's trade authority
https://thehill.com/homenews/senate/5236142-congress-tariff-bill-trump/

Trump Tariffs Hit With Lawsuit by Group His Supreme Court Adviser Funded - Newsweek
https://www.newsweek.com/trump-tariffs-hit-lawsuit-group-his-supreme-court-adviser-funded-2056761

Seven Republican senators, including Senator Chuck Grassley, president pro tempore of the U.S. Senate, and Senator Mitch McConnell, former Republican leader of the Senate, signed the Trade Review Act of 2025, which states that any high tariffs imposed by President Trump on trading partners will require congressional approval. The bill is modeled on the War Powers Act of 1973, which explicitly gives Congress the authority to limit the president's ability to initiate or expand military action abroad.

The Trade Review Act of 2025 would require the President to notify Congress within 48 hours of imposing new or increased tariffs, explain the reasons for his actions, and provide an assessment of the potential impact of imposing or increasing tariffs on American businesses and consumers.

It also provides that the new tariffs must expire after 60 days unless Congress passes a joint resolution approving them, and provides a way for Congress to repeal the tariffs before the 60-day period expires by passing a joint resolution of disapproval.

'The time has come for Congress to reassert its trade and tariff authority. For too long, Congress has delegated clear authority to regulate interstate and foreign commerce to the Executive Branch,' said Senator Grassley, lead co-sponsor. 'Following my work as Chairman of the Finance Committee, Senator Cantwell and I will introduce the bipartisan Trade Review Act of 2025 to reaffirm Congress' constitutional role and ensure that Congress has a say in trade policy.'

At the time of writing, the 2025 Trade Review Act has been signed and submitted, but President Trump has already warned that he will veto the bill.

The allegation that President Trump's tariff policy exceeds his presidential authority has also been reported in other cases. The New Civil Liberties Union (NCLA), a libertarian group funded by billionaire legal activist Leonard Leo, filed a lawsuit arguing that 'President Trump does not have the constitutional authority to impose tariffs using emergency powers.'

The lawsuit alleges that 'under the International Emergency Economic Powers Act , the source of President Trump's tariff policy, the power to impose tariffs resides in Congress, and the President may only impose tariffs if authorized by Congress.' NCLA's lawsuit specifically seeks a court order declaring the China tariffs illegal and unconstitutional.