On Wednesday, the Senate warned Trump with a non-binding resolution on abusing his ability to implement tariffs on the basis of national security. The resolution is a “motion to instruct” that tasks Senators working with members of the House on a spending bill to “include language providing a role for Congress in making a determination under Section 232 of the Trade Expansion Act of 1962.” The resolution, which passed 88-11, is clearly a nod in the right direction of Congress wresting its constitutionally granted control over trade and tariffs back from the president. A warning, however, is not enough.
Section 232 allows the president to restrict imports with tariffs or quotas based on the justification of national security threats and without approval or input from Congress. It is this section that has allowed President Trump to wage his trade war against Canada, the EU and China.
Members of Congress on both sides of the aisle have expressed opposition to the trade war as U.S. imposed tariffs, and the retaliatory measures from other countries that they have prompted, hurt the U.S. economy and American workers.
Although the Senate has finally lent some formality to these concerns by passing the “motion to instruct,” the motion doesn’t guarantee that the final bill will actually include language trimming the administration’s powers. The next step is to ensure that the House-Senate committee drafting the spending bill actually includes language that mandates consultation with Congress prior to implementing tariffs under Section 232. If that happens, that spending bill, including the language limiting the president’s power on tariffs would still need to be passed.
Another possibility would be to capitalize on the strong showing of support for the “motion to instruct” and push for the passage of the bill sponsored by Republicans Bob Corker of Tennessee, Jeff Flake of Arizona, and Pat Toomey of Pennsylvania, as well as Democrats such as Mark Warner of Virginia, that would prohibit the president from imposing tariffs under Section 232 without congressional approval.
The Senate’s motion to instruct won’t stop the trade war or give Congress back its authority on trade. Congress should build off of its momentum to confront the president and take concrete, binding steps to reigning in the trade war.
