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Congress Wrestles with Passing a Resolution of Disapproval on Tariffs After Ban Expires

As the United States continues to impose punishing tariffs on many countries worldwide, including close allies like Canada and the E.U., Congress this week is debating whether to officially express its disapproval of many of the Trump tariffs. The tariffs, numerous congresspeople argue, have disrupted U.S. alliances and threatened economic relationships worldwide. Congress has the power to send a message that it is opposed to such punishing trade policy. 

How would Congress officially disapprove of Trump’s tariffs?

Official congressional disapproval against tariffs would come via a series of “resolutions of congressional disapproval” which can be brought to the House floor by members of Congress. Congress has used this power many times to disapprove of actions of the Presidency and Executive Branch (for example in times of war/military action, treaties, trade policies, etc.)

In order for the disapproval of the tariffs to pass, both the House of Representatives and the Senate would have to agree to pass the resolution. The Senate has indicated it is open to passing a disapproval resolution, with multiple GOP senators opposed to Trump’s tariffs due to economic concerns. Multiple GOP congresspeople in the House are open, as well.

Any disapproval resolution would have to be signed into law by President Trump, making any such resolution purely symbolic and non-binding. However, it would send a powerful message to the White House that Congress opposes sweeping tariffs, preferring a more targeted approach to trade policy and restrictions.

Why couldn’t Congress vote to disapprove of Trump’s tariffs sooner? 

Although numerous congresspeople have disagreed with President Trump’s vast, sweeping tariffs since Trump took office for his second presidency, a congressional rule (which governs business on the House floor) passed earlier this year banning members of Congress from passing any disapproval resolutions regarding Trump’s tariffs. That ban expired on January 31st after six months.

House Speaker Mike Johnson wants to pass a new ban on disapproval resolutions against the tariffs this week. He planned on a vote today, February 10th, but those plans are in flux after multiple GOP congresspeople revolted and threatened to vote against the proposed “rule” (as it is called in the House of Representatives.)

If another ban passes, members of Congress would be unable to file a disapproval resolution on the tariff issue through July 31st, 2026.

Speaker Johnson argued to GOP congresspeople in a closed-door meeting that Congress should wait until the Supreme Court issues a decision on the tariffs and the power of the presidency to impose sweeping trade policy without the involvement of Congress. However, the Supreme Court could wait until the end of June to issue its decision, a move that would leave Trump without any guardrails to impose additional tariffs and trade protections globally before then.

What comes next

As of now, Speaker Johnson doesn’t have the votes to pass the new ban on congressional disapproval resolutions. If he finds the votes, Congress won’t issue any official disapprovals until summer 2026, at the earliest. If he fails to secure the votes, it will set up a public fight with Trump over tariffs: an issue where every American has a stake in with higher prices and other issues.

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