# Trump’s Next Trade War Could Be With Congress

> Democrats may reclaim trade authority from Trump’s tariffs as Congress shifts power.
- Title: Trump’s Next Trade War Could Be With Congress · Foreign Policy
- Summary: Democrats may reclaim trade authority from Trump’s tariffs as Congress shifts power.
- Keywords: u.s. midterm elections, congress, tariffs, house ways and means committee, trump tariffs, section 338 tariffs, section 232 tariffs, section 301 tariffs, trade law, trade policy, Foreign Policy
- Source: Foreign Policy — https://foreignpolicy.com/2026/11/04/midterms-democrats-trump-tariffs-trade-war-congress
- Author: Keith Johnson
- Read time: 2 min
- Topics: u.s. midterm elections, congress, tariffs, house ways and means committee, trump tariffs, section 338 tariffs, section 232 tariffs, section 301 tariffs, trade law, trade 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The court challenge to Section 338 tariffs argues the 1930 statute has been superseded by trade legislation from the 1960s, 1970s, and 1980s.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.
## Key takeaway

Democrats could block Trump’s tariffs by clarifying trade laws, ending years of executive overreach.