Congress Needs More Control Over Presidential Tariff Authority

Photo by Garakhan Safarli on Unsplash

It is preposterous that one person has the authority to launch a global trade war and high time for Congress to reassert oversight over tariff actions.

Congress has limited the President’s power to impose tariffs, allowing it on imports that threaten national security (Section 232) or in response to “large and serious” balance-of-payments deficits (Section 122), a surge of imports that harms U.S. industry (201), and discriminatory trade practices (301).

It doesn’t seem that any of these trade provisions empowers Mr. Trump to impose tariffs on all imports from all countries based on an arbitrary formula.

Section 122 lets a President impose tariffs of up to 15% in response to trade deficits, but Congress must approve them after 150 days.

The above limitations on presidential authority are not being followed but furthermore, are so obtuse and flexible you could drive a cyber truck through them with plenty of room to spare.

When will Congress wake up, get an independent backbone, and take back the power that the constitution gives the institution.

This week, at least a dozen House Republicans are considering signing onto Rep. Don Bacon's (R-Neb.) bill to restrict the White House's ability to impose tariffs unilaterally.

Two Republicans — Reps. Jeff Hurd (R-Colo.) and Dan Newhouse (R-Wash.) — and two Democrats have signed on to the bill as co-sponsors.

The bill would cause any tariffs a president institutes to expire after 40 days unless Congress votes to pass a resolution of approval.

It would also give Congress the ability to pass a resolution of disapproval to eliminate the tariffs at any time.

More than half a dozen Senate Republicans have co-sponsored an identical bill from Senators Chuck Grassley (R-Iowa) and Maria Cantwell (D-Wash.).

Bacon said he is in no rush to mount a concerted push to bring it up for a vote but isn't ruling out an eventual effort to force it to the House floor

Bacon may end up introducing a discharge petition - a procedural maneuver that, if signed by 218 members, can bypass leadership and force a vote on any bill.

In my opinion, this legislation is on the weak side and Congress has to stop abdicating its responsibility as set forth in the constitution.