Congress To TAKE BACK Tariff Power From Trump? New Bipartisan Bill Introduced in Congress
The Josh Lafazan Show on YouTube - Episode 89
Welcome to The Josh Lafazan Show — today’s episode tackles one of the most important but under-discussed issues in American economic and constitutional policy: Congress is finally working to take back its power over tariffs from the president — and it’s about time.
For too long, Congress has ceded its authority to the executive branch when it comes to imposing tariffs — a power originally reserved for the legislative branch under Article I, Section 8 of the U.S. Constitution. But now, with President Trump’s latest aggressive and unilateral tariff actions sparking market instability and inflaming global trade tensions, lawmakers from both parties are saying enough is enough.
We break down the bipartisan bill introduced by Senators Maria Cantwell (D-WA) and Chuck Grassley (R-IA), which would require the president to notify Congress within 48 hours of any new tariff imposition, followed by a 60-day window in which Congress must vote to approve it. Trump has already threatened a veto, but the mere fact that there is growing bipartisan consensus signals a potential turning point.
Why is this so important? Because this isn’t just a policy debate — this is about restoring checks and balances. Tariffs are essentially taxes, and historically, only Congress had the authority to levy them. So how did we get here?
We walk through the history of how presidential tariff power evolved — starting with the disastrous Smoot-Hawley Tariff Act of 1930, which triggered a global trade war and deepened the Great Depression. That disaster paved the way for the Reciprocal Trade Agreements Act of 1934, where Congress first gave the president limited tariff negotiation powers. Over the years, that delegation expanded, through the Trade Expansion Act of 1962, the Trade Act of 1974, and later Section 232 and Section 301 authorities, which Trump has used — and Biden has continued using — to justify sweeping tariff actions without Congressional input.
We dig deep into how these trade acts, and laws like the International Emergency Economic Powers Act (IEEPA) of 1977, allowed modern presidents to justify tariffs as responses to so-called “national emergencies.” And this is what California’s lawsuit is now directly challenging, using the Supreme Court’s “major questions doctrine”, which requires clear congressional approval for executive actions with major economic or political consequences.
As the Brookings Institution notes, the issue isn’t necessarily with tariffs themselves — it’s about how they are implemented. Unlike other forms of regulation, presidentially imposed tariffs often escape administrative review, public comment, cost-benefit analysis, and judicial oversight. That means one person — the president — can levy taxes on entire industries without accountability, transparency, or process. And those harmed by these tariffs? They’re often left without recourse.
That’s why this push from Congress is long overdue. We explore several reform proposals, from revoking presidential tariff authority outright to introducing sunset provisions, mandatory reporting, and judicial review mechanisms. Some bills, like one proposed by Senator Rand Paul, would require every presidential tariff action to be approved by a joint resolution of Congress. Others aim to tighten the definitions of “national security” or impose stricter standards for emergency economic declarations.
These reforms wouldn’t just restore balance — they’d reflect the very vision of the Founders, who intended for Congress to be the most powerful branch of government. Tariff authority was never supposed to be wielded like a sword by the president — it was meant to be debated, analyzed, and legislated by Congress on behalf of the American people.
Even if this particular bill doesn’t pass, the fact that bipartisan voices are stepping up to reassert congressional authority should give us hope. This is a debate worth having — in Congress and across the country — because when tariff policy goes unchecked, it doesn’t just disrupt trade. It threatens jobs, raises prices, destabilizes markets, and undermines America’s credibility abroad.
And as we’ve seen over the last few years, when one president uses these powers expansively, the next one often doesn’t reverse course. It becomes the new normal — which is exactly what the Constitution was designed to prevent.
So, let’s give credit where it’s due. This is a moment where lawmakers have the opportunity to reclaim their role, re-establish constitutional boundaries, and defend economic stability. Whether you’re on the left, right, or center, this conversation matters.
Thanks for tuning in to The Josh Lafazan Show. We’ll keep covering the critical issues others ignore — with honesty, history, and the perspective that puts people over politics. Be sure to like, subscribe, and share the episode. Let’s keep this conversation going.