Senate Republicans float legislation to reverse Trump tariffs
© Greg Nash

Senate Republicans are weighing how to respond to President TrumpDonald John TrumpSarah Huckabee Sanders becomes Fox News contributor The US-Iranian scuffle over a ship is a sideshow to events in the Gulf South Korea: US, North Korea to resume nuclear talks 'soon' MORE's floated tariffs, including potentially passing new legislation to rein him in if he moves forward with the plan.

Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeAnti-gun violence organization endorses Kelly's Senate bid Arpaio considering running for former sheriff job after Trump pardon Overnight Energy: Warren edges past Sanders in poll of climate-focused voters | Carbon tax shows new signs of life | Greens fuming at Trump plans for development at Bears Ears monument MORE (R-Ariz.) on Tuesday said Congress should look at trying to “box in” what tariffs a president can impose on imported materials.

“I would like to see what we can do for him imposing tariffs and that should be something Congress does, not the president,” Flake said, adding that he didn’t think the steel and aluminum tariffs floated by Trump meet the national security qualifications under Section 232 of the trade law.

Trump’s decision to push forward with tariffs on imported steel and aluminum has roiled Capitol Hill, where Republicans are pleading publicly for him to at least narrow the forthcoming financial penalties.

ADVERTISEMENT

But Trump appeared to double down on his tariff plan Tuesday stressing that he will move forward despite warnings from GOP lawmakers and even some of his own advisers.

Flake noted that GOP Sen. Mike LeeMichael (Mike) Shumway LeeMcConnell, allies lean into Twitter, media 'war' Conservatives buck Trump over worries of 'socialist' drug pricing Criminal justice reform should extend to student financial aid MORE (Utah) has introduced legislation that would limit a president’s ability to unilaterally make trade policy.

“Congress has delegated its authority in this area to the executive branch in great abundance over the last century or so,” Lee told Forbes on Tuesday. “This legislation would seek to return some trade authority to Congress as a way to protect against unilateral decisions from the executive branch.”

Lee’s legislation would require congressional approval for Trump’s trade actions, including tariffs.

The legislation was introduced last year. But a spokesman for Lee, asked if he’s spoken to other senators following Trump’s tariff announcement, said on Tuesday that the Utah Republican “has talked with many of his colleagues about the bill.”

GOP Sen. Ron JohnsonRonald (Ron) Harold JohnsonGOP senator: Gun control debate 'hasn't changed much at all' back home GOP senators call for Barr to release full results of Epstein investigation FBI Agents Association calls on Congress to make 'domestic terrorism' a federal crime MORE (Wis.) told reporters on Tuesday that he would support new legislation if Trump pushes forward with his tariff plan. And Sen. Orrin HatchOrrin Grant HatchTrump to award racing legend Roger Penske with Presidential Medal of Freedom Trump awards Presidential Medal of Freedom to economist, former Reagan adviser Arthur Laffer Second ex-Senate staffer charged in aiding doxxing of GOP senators MORE (R-Utah) told reporters on Monday that Congress could take action in response to the tariffs — but declined to say what those potential actions would be.

Asked what legislative response Congress should consider if Trump levies a blanket tariff on steel and aluminium imports, GOP Sen. Pat RobertsCharles (Pat) Patrick RobertsKobach says he's more prepared for 'propaganda' in Senate campaign Pompeo: Senate run 'off the table' Grassley gambles on drug price bill despite GOP doubts MORE (Kan.) also mentioned Lee’s bill, noting it would require the administration to detail what potential retaliatory actions the United States could face.  

“There was legislation introduced, I think before this happened, stating that it would be appropriate for those who are considering a tariff to also consider and itemize what retaliation would be forthcoming. ... That’s pretty important,” Roberts said.

Meanwhile, Sen. Cory GardnerCory Scott GardnerThe Hill's Morning Report - Trump touts new immigration policy, backtracks on tax cuts Hickenlooper announces Senate bid Poll: Trump trails three Democrats by 10 points in Colorado MORE (R-Colo.) — the chairman of the Senate GOP’s campaign arm — told Bloomberg that he has “no doubt Congress would be forced to act” if Trump enacts the tariffs.

"There is a series of legislative actions that could be taken to reverse the decision, obviously with the president supporting them they would have to be done in a way that would overcome any action that he would take, but we still have time,” he said.

Limiting Trump’s trade authority would mark a drastic break in the sometimes frayed relationship between congressional Republicans and the president. It’s unclear if GOP lawmakers would be willing to take such a step.

Republican Sen. Susan CollinsSusan Margaret CollinsOvernight Health Care: Insurance lobby chief calls Biden, Sanders health plans 'similarly bad' | Trump officials appeal drug price disclosure ruling | Study finds 1 in 7 people ration diabetes medicine due to cost Collins downplays 2020 threat: 'Confident' reelection would go well if she runs Cook Political Report moves Susan Collins Senate race to 'toss up' MORE (Maine) floated that Congress might be able to do a resolution of disapproval of Trump's tariffs, but appeared skeptical that it could get the votes to make it “binding.”

Asked about Lee’s legislation, Sen. Roy BluntRoy Dean BluntGOP group calls on Republican senators to stand up to McConnell on election security in new ads Ex-CIA chief worries campaigns falling short on cybersecurity GOP group targets McConnell over election security bills in new ad MORE (R-Mo.) said Tuesday, “I don’t think we’re at the point [where] we need to consider that bill, yet.”

Blunt also appeared skeptical that the administration would be able to prove that broad tariffs on steel and aluminum imports were tied to national security.

“He has the authority to levy the tariffs, but anybody has the authority to go to court and see if it meets the standard,” Blunt said.

GOP leadership has focused on publicly and privately warning Trump that the tariffs could wipe away the economic gains sparked by the GOP tax law only months before the midterm election.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMcConnell rejects Democrats' 'radical movement' to abolish filibuster Hickenlooper announces Senate bid Trump orders elimination of student loan debt for thousands of disabled veterans MORE (R-Ky.) broke his silence on Tuesday saying he and other Republicans are concerned and “urging caution” as the administration finalizes its plan.

"I think the best way to characterize where most Republican senators are right now, including myself, is genuine concern that this not escalate into something much broader," McConnell told reporters on Tuesday.

Speaker Paul RyanPaul Davis RyanSoaring deficits could put Trump in a corner if there's a recession Paul Ryan moving family to Washington Embattled Juul seeks allies in Washington MORE (R-Wis.) said Tuesday that the administration needs “to be more surgical in its approach.”

Meanwhile, Sen. John CornynJohn CornynThe Hill's Morning Report - Trump hews to NRA on guns and eyes lower taxes The Hill's Morning Report - Trump on defense over economic jitters Democrats keen to take on Cornyn despite formidable challenges MORE (Texas), the No. 2 Senate Republican, floated that the Senate Finance Committee should hold hearings, while Hatch, the panel’s chairman, sent a letter to Trump saying he has “very deep concerns.”