(WASHINGTON) — In a sneaky legislative maneuver tied into the effort to pass a funding bill and avert a government shutdown, House Republicans earlier this week successfully blocked Democrats from forcing votes and debate on President Donald Trump’s controversial tariffs.
It was a somewhat complicated move. But it worked — and demonstrated that Republicans are attempting to give cover to Trump and his implementation of sweeping tariffs on top U.S. trading partners that have roiled the stock market and stoked diplomatic tensions.
Had Democrats forced a vote and debate on the tariffs, it could have forced Republicans to go on the record on Trump’s tariff agenda — perhaps splitting with the president’s actions.
To tee up Speaker Mike Johnson’s temporary government funding bill, which the House passed Tuesday evening, the House first needed to pass what’s known as “a rule.” Buried inside the text of that rule was legislative language that prevents Democrats from forcing a potentially politically painful vote to end Trump’s tariffs on Canada, Mexico and China.
How could Democrats compel a vote to end the tariffs?
Trump imposed tariffs on Canada, Mexico and China by declaring illegal migration and fentanyl constituted a national emergency under the International Emergency Economic Powers Act and the National Emergencies Act.
But, here’s the catch: under the NEA, Congress has the authority to move quickly to terminate that emergency declaration. Top House Democrats tried to do that last week.
But inside that rule, which passed along party lines and cleared the way for a vote on the House GOP’s stopgap funding bill, was a provision prohibiting lawmakers from forcing a vote to terminate the president’s border emergency and the resulting tariffs until at least January 2026.
The section reads, “Each day for the remainder of the first session of the 119th Congress shall not constitute a calendar day for purposes of section 202 of the National Emergencies Act with respect to a joint resolution terminating a national emergency declared by the President on February 1, 2025.”
Democrats are blasting the move.
“Guess what they tucked into this rule, hoping nobody would notice? They slipped in a little clause letting them escape ever having to debate or vote on Trump’s tariffs. Isn’t that clever?” Rep. Jim McGovern, the ranking member on the House Rules Committee, said during floor debate Tuesday.
Congress could still approve a joint resolution to terminate the president’s national emergency. That would require the support of both rank-and-file GOP lawmakers and House Republican leadership, which is unlikely.
Democratic Rep. Don Beyer blasted the maneuver on “ABC News Live Prime with Linsey Davis” Tuesday.
Asked about the Republicans’ move and if Democrats have any way around it, Beyer said “not really,” calling it “tragic.”
“Once again, Trump has ignored existing law and the Constitution with all the tariffs he’s been announcing in recent weeks,” Beyer said. “He inherited on Jan. 20 the strongest economy this country has ever had. And we are rapidly heading towards recession right now just because of the extraordinary uncertainty in business decisions and capital investment and hiring decisions.”
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