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.
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