r/politics • u/throwaway16830261 • 1d ago

Terminate the Trump tariffs before it's too late

https://www.foxnews.com/opinion/sen-rand-paul-terminate-trump-tariffs-before-its-too-late
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u/os_kaiserwilhelm New York 1d ago

Minor nitpick, they didn't prohibit themselves from challenging the tariffs, which they can do at any time.

They stopped the clock on when Congress has to affirmatively assent, or else the tariffs expire (I think). They basically made it so that Trump's tariffs are permanent for the duration of the continuing resolution unless 2/3 of Congress can pass a law removing tariffs and overriding the Presidential veto.

Not a huge distinction, but Congress is not prohibited from challenging Trump's tariffs. As a general rule, Congress cannot bind Congress.

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u/INDIEfatigable 15h ago

That's not a minor nitpick. As you point out, Congress merely bought itself more time to end Trump's initial tariffs. That's very different from Congress waiving its ability to end the tariffs (which Congress did not do, despite what the OP might think).

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u/User-no-relation 1d ago

I can't find anything that says they did anything like what you are saying here

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u/os_kaiserwilhelm New York 1d ago

Attempt #2 because the mods want to make this site as unfriendly as possible.

Alright, I'm home and at a desktop so I can give proper sources.

Section 4 of H. RES. 211

SEC. 4. Each day for the remainder of the first session of the 119th Congress shall not constitute a calendar day for purposes of section 202 of the National Emergencies Act (50 U.S.C. 1622) with respect to a joint resolution terminating a national emergency declared by the 12 President on February 1, 2025.

Subsection c(1) of 50 U.S. Code § 1622 states:

(1)A joint resolution to terminate a national emergency declared by the President shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. One such joint resolution shall be reported out by such committee together with its recommendations within fifteen calendar days after the day on which such resolution is referred to such committee, unless such House shall otherwise determine by the yeas and nays.

This is after a 6-month period from the initiation of the order. So, Trump declared a national emergence on February 1, 2025 that allowed him to levy tariffs. After 6 months, Congress must consider a resolution to terminate the emergency (note: it does not have to terminate the emergency). The continuing resolution made it such that Congress must consider ending the emergency, the 15 calendar day window never expires. Also, Congress is more or less always in session.

All of this being said, I'm not entirely convinced that 50 U.S.C. 1622 is valid law. Congress cannot bind Congress. The act itself is unenforceable. There is no penalty for not doing what the act states, and how could something like this even be litigated. Can Congress be sued? Can the Courts compel Congress to comply with the law?

The only way this would be effective is if the emergency automatically expired and Congress had to power to renew it. In fact, this joint resolution has to be signed into law, meaning Congress would still need to override the veto. This law is effectively meaningless now that I read it.

So to the original comment, I'm not sure the language in the continuing resolution actually does anything except for pre-empting the "necessity" that Congress take up the matter. Even if Congress took up the matter, all the same hurdles exist that would exist for normal legislation. The law more or less just gives the matter privileged status, and all the continuing resolution seems to be doing is delaying that privilege.