In the United States Congress, some lawmakers have expressed concern over President Donald Trump's actions with Canada, China, and Mexico, despite having limited ability to intervene.
Although the U.S. Constitution originally granted Congress the authority to establish and regulate tariffs, over the past seven decades, Congress has delegated this power to the president through various laws, often in response to national security issues or surges in imports threatening local industries, according to the non-partisan Congressional Research Service.
This shift paved the way for Trump to increase tariffs during his first term, resulting in a doubling of duties on U.S. imports, and for his recent actions. Members of both the Republican and Democratic parties on Capitol Hill have criticized these tariffs, questioning the president's jurisdiction.
Countries facing retaliatory tariffs may find themselves torn between supporting their local industries and aligning with the president's agenda.
Trump invoked a national emergency related to the influx of fentanyl and illegal migration to justify the new tariffs.
Greta Peisch, former general counsel to the U.S. Trade Representative and former trade counsel to the U.S. Senate Finance Committee, noted that under the National Emergencies Act of 1976, any single member of Congress could trigger a vote on a joint resolution to end the emergency, potentially leading to the termination of the tariffs if approved by both chambers of Congress and signed by the president.
In case of a presidential veto, overriding it would require two-thirds support in both congressional chambers, per the Congressional Research Service. While Congress has previously used this authority to end a national emergency in 2023 during the pandemic, it has not done so in the context of tariffs, according to Peisch.
Nevertheless, by pushing for a vote, opposition Democrats could pressure Republicans to take a public stance on tariffs and their economic impact.