Senate Approves 3 Resolutions to Limit President’s Tariff Authority
The Senate has voted to approve three resolutions that would rescind President Trump’s authority to impose tariffs on foreign imports based on national security considerations.
By a 52-48 vote, the Senate approved S.J. Res. 81, a resolution introduced by Sen. Tim Kaine (D-Va.) that would rescind the 50% tariff on imported Brazilian goods that Trump imposed this summer. Republican Sens. Mitch McConnell (Ky.), Thom Tillis (N.C.), Susan Collins (Maine), Rand Paul (R-Ky.) and Lisa Murkowski (Alaska) voted with 47 members of the Democratic caucus and Independent Angus King (Maine) to pass the resolution.
By a similar 50-46 vote, the Senate approved S.J. Res. 77, a resolution introduced by Sen. Tim Kaine (D-Va.), that would rescind the 35% rate on imported goods from Canada. (This resolution does not deal with the 45% tariff rate currently on Canadian lumber imports.) Sens. Collins, Murkowski, McConnell and Paul joined Democrats in supporting this resolution. Finally, the Senate voted 51-47 to approve S.J. Res. 88, a resolution sponsored by Sen. Ron Wyden (D-Ore.) that would overturn Trump’s tariffs on American purchases from over 180 nations. The same four Republican senators who voted for the Canadian resolution also voted to reject Trump’s global tariffs.
The three Senate votes to terminate the global tariffs are largely symbolic as House Speaker Mike Johnson has made it clear that the House will not vote on any measure to roll back tariffs based on Trump’s decision to declare a national emergency.
Claiming authority under the International Emergency Economic Powers Act (IEEPA) that the U.S. trade deficit constitutes a national emergency, Trump issued an executive order on April 2 to impose tariffs on nearly all countries.
On April 5, the president imposed an additional 10% tariff on all imports from all countries entering the U.S., subject to limited exclusions. As of Aug. 7, higher, country-specific tariff rates of up to 40% are in effect for more than 60 countries listed in the EO, with most other countries subject to the default 10% rate.
However, Trump’s justification to use IEEPA to impose tariffs on nearly all nations faces numerous legal challenges. In August, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Court of International Trade’s decision that IEEPA does not authorize the president to impose the global tariffs.
The case has moved to the Supreme Court, which is due to hear oral arguments on Nov. 5.
In April 2025, the Senate approved a similar resolution (S.J. Res 49) to terminate the emergency the president declared and overturn the global tariffs. The statute allows for a vote on a similar resolution every six months, and senators could bring another tariff resolution to the Senate floor as early as next April.