President Donald Trump’s so-called “Liberation Day” tariffs have not only rattled global markets, sending stocks into a tailspin, but also set the stage for what could be a pivotal political showdown on Capitol Hill. While economic analysts warn of a looming recession, some Democrats are seizing the moment to expose Trump’s overreach — and divide the GOP in the process.
Aaron Fritschner, deputy chief of staff to Rep. Don Beyer (D-VA), laid out the strategic opening in a detailed thread posted to X on Thursday night. In it, he explained how Democrats can challenge the legality and scope of Trump’s sweeping new tariffs — and potentially force Republicans into a difficult vote.
“Each Trump tariff uses specific legal authorities,” Fritschner explained. “Sector-specific tariffs (e.g., steel) use Section 232 of the Trade Expansion Act. Tariffs on all imports from X country use the International Emergency Economic Powers Act (IEEPA), which requires declaration of a national emergency.”
He added, “Tariffs are taxes on imported goods. The Constitution gives total control over taxation and trade regulation to Congress. The authorities Trump is using are limited delegations of that power to the president that Congress passed in previous decades. He is obviously abusing them.”
Fritschner pointed out that Congress has the ability to revoke national emergencies under IEEPA via a streamlined floor process. This tool was recently tested when Sen. Tim Kaine (D-VA) introduced a measure to end Trump’s Canada-specific tariffs. Notably, four Senate Republicans — including former GOP leader Mitch McConnell — voted in favor, prompting Trump to lash out on Truth Social and accuse them of being “disloyal.”
However, House Republicans had already taken steps to blunt such resolutions. “House Republicans snuck a provision to disarm this privilege into the rule for the CR [Continuing Resolution] last month,” Fritschner wrote. “This does NOT kill it — a vote can still be forced via discharge petition.”
But now, with Trump’s sweeping new tariffs issued on April 2, which required a fresh national emergency declaration, a new window has opened. “Republicans’ jiggery-pokery with the calendar will not apply,” Fritschner emphasized. “A new resolution to terminate THIS emergency now has privilege in both chambers.”
“If Dems pursue this (stay tuned), Republicans will try to disarm it again,” he warned. “This time, people should understand the stakes of that vote when it comes.”
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