Democrats Target Trump’s Tariff Powers — SkimNews
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- Democrats won a sweeping midterm victory and will hold large majorities in both chambers starting early next year, giving Congress a real chance to reclaim tariff and taxation authority from the White House.
- Trump’s tariffs were reported by about two-thirds of voters to have hurt them economically, while a September poll found 70% wanted the president to seek congressional approval before levying new tariffs.
- Section 338, the 1930 statute Trump invoked for the first time to impose tariffs on Canada, is being challenged as superseded by trade laws from the 1960s, 1970s and 1980s; Alan Wolff said Congress could declare it superseded and pick up Republican votes during the lame-duck session.
- Section 232 authorizes tariffs on national-security grounds, and Trump has invoked it for products including bathroom fittings and lumber.
- Section 301 permits action against countries accused of discriminating against U.S. commerce; Trump used it against nearly every trading partner over slave-labor enforcement, and those tariffs are also in court.
- Simon Lester proposed amending Sections 232 and 301 to require WTO compliance, which he said would make it easier for courts to distinguish legitimate tariff authority from its abuse.
- Richard Neal branded a Russian sanctions bill a “tariff tyrant’s fantasy”; Trump embraced the tariffs it authorized but waived the Russia sanctions.
Why it matters: Two-thirds of voters say Trump’s tariffs hurt them economically, and 70% want Congress to approve new levies. That leaves the incoming Democratic majority with a real opportunity to narrow authority under Sections 232, 301 and 338, while explicit statutes make judicial review easier for businesses and trading partners challenging presidential action.
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