While it is unlikely to get very far, a new bill highlights growing efforts by lawmakers to reclaim some of the authority over trade policy that President Trump has used to impose higher tariffs on U.S. imports.
ST&R estimates that the first Trump administration saw 54 actual (not just threatened) tariff changes and that there have already been 59 in the second term. Many of these have been made pursuant to actions by Congress in 1930, 1962, 1974, and 1977 to delegate to the president its constitutional authority to “lay and collect taxes, duties, imposts, and excises.”
However, some lawmakers are starting to take steps to reclaim this authority. On March 11 more than a dozen senators (all Democrats except one Independent) introduced the Reclaim Trade Powers Act (S. 4049), a bill to repeal section 122 of the 1974 Trade Act. This law provides the authority President Trump cited in imposing a global 10 percent tariff through July 24. Similar legislation was introduced in the House in 2025, and Section 122 tariffs are also being challenged in court.
Currently this bill may primarily serve a messaging purpose for Democrats highlighting affordability issues ahead of this fall’s midterm elections. However, if the IEEPA tariff refund process drags on, related complaints by constituents could persuade more members of Congress, particularly those facing close election races, to support such a bill. And while the Speaker of the House may not be inclined to move this legislation in that chamber, with early retirements and resignations and a razor-thin majority for Republicans, that could change by November.
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