Executive Summary
- Rep. Don Bacon predicts Congress will vote to block the administration’s new global tariffs.
- The Supreme Court recently ruled 6-3 against the use of IEEPA powers for trade levies.
- President Trump invoked Section 122 of the 1974 Trade Act to implement new duties.
- Senate GOP leaders, including Mitch McConnell, affirmed Congress’s sole authority over trade policy.
Washington – Rep. Don Bacon (R-Neb.) indicated on Friday that a new executive order by President Donald Trump implementing global import taxes is likely to be overturned by Congress, following a significant Supreme Court decision limiting executive trade authority.
Speaking on CNN, Bacon expressed confidence that lawmakers would challenge the new levies. While he noted it is uncertain if there is a veto-proof majority, he predicted a sufficient majority to oppose the 10 percent global tariff, characterizing the President’s move as a procedural error. Bacon emphasized that any tariff implementation requires congressional approval, aligning with the recent judicial interpretation of federal powers.
The legislative pushback follows a 6-3 Supreme Court ruling stating that the administration unlawfully utilized the International Emergency Economic Powers Act (IEEPA) to impose previous tariffs. In response to the ruling, the White House issued a new order under Section 122 of the 1974 Trade Act. This section allows for temporary tariffs of up to 15 percent to address "large and serious" trade deficits. President Trump has signaled intentions to increase the rate to the full 15 percent.
Senior Republicans have reinforced the judiciary's stance on legislative supremacy regarding taxation. Senate Minority Leader Mitch McConnell (R-Ky.) stated that the high court's decision clarified Congress's constitutional authority over trade policy, urging the executive branch to work through Article I representatives rather than circumventing them. Senator Rand Paul (R-Ky.) similarly praised the ruling, describing it as a defense of the Republic.
Legislative Implications
This confrontation marks a pivotal moment in the separation of powers regarding U.S. trade policy. The Supreme Court's affirmation of Congress's authority over tariffs restricts the executive branch's ability to utilize emergency powers for economic leverage without legislative consent. Consequently, the focus shifts to the legislative branch, where emerging bipartisan support for reclaiming trade oversight suggests that future unilateral tariff actions may face swift statutory nullification, potentially forcing a recalibration of the administration's international economic strategy.
