From Foreign Policy · Keith Johnson · · 2m
Trump’s Next Trade War Could Be With Congress
Democrats may reclaim trade authority from Trump’s tariffs as Congress shifts power.
In brief
Democrats may reclaim trade authority from Trump’s tariffs as Congress shifts power. Democrats could block Trump’s tariffs by clarifying trade laws, ending years of executive overreach. Originally reported by Foreign Policy.
Midterm Election Results
Democrats won the House of Representatives on November 3, 2026, with Trump’s trade policies unpopular among voters.
Economic Concerns Drive Vote
Two-thirds of voters said Trump’s tariffs hurt them economically, with pain sharpest among Democratic voters.
Public Rejection of Tariff Power
70 percent of Americans believe the president should seek congressional approval before levying new tariffs.
Congressional Authority Shift
With a large majority in both chambers, lawmakers can claw back constitutional trade and taxation power they’ve lost over the last century.
Trump’s Veto Stance
Trump suggested he does not want to spend his last two years vetoing everything, opening the door to congressional fixes.
House Ways and Means Committee
Rep. Richard Neal, the ranking member and soon-to-be-chair of the House Ways and Means Committee, called tariffs a 'tariff tyrant’s fantasy'.
“This bill is a tariff tyrant’s fantasy come true”
Past Congressional Efforts
Congress tried earlier in Trump’s second term to restrain presidential tax power but none of those efforts bore fruit.
Trade Law Expert Opinion
Alan Wolff, a former U.S. Treasury official, said affordability is tied to tariffs and that conversations about trade law are becoming lively.
Section 338 Tariffs
Trump’s tariffs on Canada are currently litigated, with zero sentiment in Congress for the Section 338 tariffs.
Legal Arguments Against Tariffs
The court challenge to Section 338 tariffs argues the 1930 statute has been superseded by trade legislation from the 1960s, 1970s, and 1980s.
Congressional Action Options
Congress could explicitly say Section 338 has been superseded, making trade law more explicit and easier for courts to review.
Section 232 and Section 301 Tariffs
Section 232 allows tariffs on imports for national security, while Section 301 targets countries that discriminate against U.S. commerce.
Trade Law Reform
Amending trade statutes to comply with World Trade Organization rules would make tariffs easier for courts to validate.
Historical Context
Congress delegated trade authority to the White House after the 1930 Smoot-Hawley bill, which Trump used for Canada tariffs.
The main idea
Democrats could block Trump’s tariffs by clarifying trade laws, ending years of executive overreach.
