Senate Republicans float legislation to reverse Trump tariffs
© Greg Nash

Senate Republicans are weighing how to respond to President TrumpDonald John TrumpTrump rallies in Nevada amid Supreme Court flurry: 'We're gonna get Brett' Trump: 'Good news' that Obama is campaigning again Trump boosts Heller, hammers 'Wacky Jacky' opponent in Nevada 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 FlakePoll: More voters oppose Kavanaugh’s nomination than support it Ford opens door to testifying next week Police arrest nearly two dozen Kavanaugh protesters 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.

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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 LeeReexamining presidential power over national monuments Utah group complains Mia Love should face criminal penalties for improper fundraising Senate approves 4B spending bill 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 JohnsonKavanaugh, accuser to testify publicly on Monday Kavanaugh furor intensifies as calls for new testimony grow House panel advances DHS cyber vulnerabilities bills 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 HatchDem vows to probe 'why the FBI stood down' on Kavanaugh Senate Democrats increase pressure for FBI investigation of Kavanaugh Grand Staircase-Escalante: A conservation triumph is headed for future as playground for industry 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 RobertsPat Robertson asks followers to help cast 'shield of protection' ahead of hurricane Cruz gets help from Senate GOP in face of serious challenge from O’Rourke The farm bill gives Congress a chance to act on the Pet and Women Safety (PAWS) Act 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 GardnerSome employees' personal data revealed in State Department email breach: report Colorado governor sets up federal PAC before potential 2020 campaign Hillicon Valley: Trump signs off on sanctions for election meddlers | Russian hacker pleads guilty over botnet | Reddit bans QAnon forum | FCC delays review of T-Mobile, Sprint merger | EU approves controversial copyright law 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 CollinsPoll: More voters oppose Kavanaugh’s nomination than support it Feinstein's office says it has received threats over Kavanaugh Ford taps Obama, Clinton alum to navigate Senate hearing 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 BluntMurkowski echoes calls for Kavanaugh, accuser to testify Kavanaugh, accuser to testify publicly on Monday Kavanaugh furor intensifies as calls for new testimony grow 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 McConnellKey GOP senators appear cool to Kavanaugh accuser's demand Trump hints at new executive action on immigration, wants filibuster-proof Senate majority The Hill's Morning Report — Sponsored by United Against Nuclear Iran — The Hill interviews President Trump 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 RyanGOP super PAC drops .5 million on Nevada ad campaign Blue wave poses governing risks for Dems Dems seek to rebuild blue wall in Rust Belt contests MORE (R-Wis.) said Tuesday that the administration needs “to be more surgical in its approach.”

Meanwhile, Sen. John CornynJohn CornynKey GOP senators appear cool to Kavanaugh accuser's demand Trump, GOP regain edge in Kavanaugh battle GOP mulls having outside counsel question Kavanaugh, Ford 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.”