- Two senators introduced a bill requiring presidents to submit new tariffs to Congress for approval. It comes a day after President Donald Trump imposed a minimum 10% tariff on all U.S. imports.
- The bipartisan senators say Article I Section 8 of the Constitution gives Congress authority over tariffs and commerce.
- The bill would make tariffs automatically expire after 60 days unless Congress approves an extension.
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A day after President Donald Trump imposed a minimum 10% tariff on all U.S. imports, a senior Senate Republican introduced a bill requiring the president to get permission from Congress to impose new tariffs, alongside a Democratic co-sponsor.
What authority does Congress have over tariffs and trade?
Sens. Chuck Grassley, R-Iowa, and Marie Cantwell, D-Wash., contend Article I Section 8 of the Constitution gives Congress explicit authority over tariffs and commerce.
In the 1930s, Congress gave presidents the green light to negotiate trade deals and impose or adjust tariffs. Now they want Congress to take that power back and require the president to submit any new tariffs to the legislative branch for approval.
“We can’t afford a trade war that lasts for two or three years, leaving our product on the shelves,” Cantwell said. “We must reassert Congress’ roll over trade policy, ensure that a rule based trade system is based on transparency, consistency and the benefits of the American public.”
What does the new bill do?
The bill is called the Trade Review Act of 2025 and requires the president to notify Congress of new tariffs within 48 hours. Those tariffs would automatically terminate after 60 days unless both houses of Congress approve a joint resolution allowing them to continue. Congress could also pass a resolution of disapproval, which would terminate the tariffs immediately.
“For too long, Congress has delegated its clear authority to regulate interstate and foreign commerce to the executive branch,” Grassley said in a statement.
The president would also be required to provide Congress with the reasoning for imposing new tariffs and an assessment of the potential impacts on businesses and consumers.
“Trade is a rules-based system. You have to have predictability. That’s why you negotiate agreements based on rules and you establish rules. Our biggest economic opportunities right now are outside the United States, so let’s open up markets and let’s have more exports,” Cantwell said.
It won’t be easy to make this bill a law. The president would likely not sign legislation that weakens his ability to act unilaterally, so he would veto it. That means Congress would need a two-thirds vote in both chambers to override the veto.
What else is Congress doing about the President’s new tariffs?
It will be equally challenging to pass a resolution to end the emergency declaration President Trump is using to impose tariffs on Canada. The Senate approved the resolution Wednesday night, April 2.
Under the leadership of Speaker Mike Johnson, R-La., the House appears unlikely to approve a resolution that essentially tells the president he made a mistake and must reverse course.
“If the speaker really cares about the American people and the costs they would bear by these tariffs, he should call back the House and take back the Senate bill immediately,” Sen. Chuck Schumer, D-N.Y., said.
Johnson sent the House home for the week on Tuesday, April 1, after a vote on bills key to President Trump’s agenda failed. The chamber won’t return to Washington until Monday, April 7.