[Congressional Record Volume 171, Number 65 (Thursday, April 10, 2025)]
[Senate]
[Pages S2540-S2541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                Tariffs

  Ms. MURKOWSKI. Mr. President, yesterday was a day that really 
captured the attention of the world. We have all been talking about 
tariffs for a little bit, but yesterday was the day that really brought 
the focus to what was going on here in the United States.
  At 12:01 in the morning on Wednesday, President Trump's tariffs on 
the countries with which the United States has had the largest trade 
deficits went into effect, on top of the 10-percent tariff rates that 
had previously applied to all countries, which had been initiated on 
Saturday, April 5.
  And then just hours later yesterday afternoon, the President 
announced a 90-day pause on lowering reciprocal tariffs to then 10 
percent--at the same time announced that he was raising tariffs on 
China to 125 percent. Now today, it looks like that number is closer to 
145 percent. To say this has been a dizzying week in Washington, DC, is 
probably an understatement.
  Those of us who are following the markets, it has been somewhat 
headspinning. I am not going to comment here on the floor today about 
the negotiating tactics of President Trump. I think he is legendary and 
really world-renowned for his skills at that--his skills in bringing 
nations to the table.
  We are seeing some of this play out literally as we speak; other 
countries that have approached the administration to have discussions 
about tariffs.
  This is a unique kind of leverage, most certainly keeping those 
across the table off-balance. But bringing the world, potentially, to 
a--to the brink of a ruinous trade war certainly qualifies as a very 
unique point of leverage.
  The effort to try to reshore manufacturing here in this country is 
important, it is admirable, and it is something that we all should be 
working toward. But I think there has been general agreement that the 
message from the administration has been decidedly mixed, which leads 
to further confusion among our trading partners and our allies. If 
nobody understands where the finish line is, it is hard to reach it.
  I don't want to focus my comments here this afternoon about these 
possible strategies and end results of these policies so much. But I 
want to focus more on the process of how these tariffs were imposed 
because I believe--I believe--it is yet another example of Congress is 
choosing to cede its powers to the executive branch.
  If the global implications of these tariffs have shown us nothing 
else, it is that measures that are as important as the issue be 
considered by the 535 elected individuals that are in tune with the 
American people rather than vesting that with just one individual 
acting unilaterally. It is under article I section 8 of our U.S. States 
Constitution that clearly enumerates that Congress ``shall have Power 
To Lay and collect Taxes, Duties, Imposts, and Excises.'' In other 
words, the power to levy tariffs rests with us here in Congress.
  So why--why--have we seen the Executive take control over tariff 
rates?

[[Page S2541]]

And the answer lies in almost a century-long series of bills that we 
have seen here that Congress has voluntarily--voluntarily--enacted and 
laid down its authority for the Executive to pick up.
  Following the disastrous Smoot-Hawley Act of 1930, which plunged our 
Nation deeper into the Great Depression, Congress passed the following 
legislation: First, it was the Reciprocal Trade Agreements Act of 1934, 
which authorized the President to make limited tariff rates without 
congressional review on top of negotiating bilateral reciprocal trade 
agreements.
  Then it was the Trade Expansion Act of 1962, which broadened the 
President's trade powers to include multilateral trade agreements while 
also allowing the President to unilaterally impose tariffs if imports 
could threaten national security.
  Then the Trade Act of 1974, which allowed the President to protect 
U.S. workers by adjusting tariffs if foreign countries engaged in 
unfair trade practices.
  And then just a few years later, it was the International Emergency 
Economic Powers Act of 1977, which gives the President authorities to 
address declared emergencies if ``unusual and extraordinary'' threats 
exist to national security, foreign policy, or to the economy. So 
powers include--you probably guessed it--the authority to ``regulate'' 
or ``prohibit'' imports.
  So in his April 2 Executive order, President Trump declared a 
national emergency because of ``a lack of reciprocity in our bilateral 
trade relationships'' and our ``trading partners' economic policies 
that suppress domestic wages.''
  He is authorized--he is authorized to do so under the National 
Emergencies Act of 1976. So I want to be clear about all of this. I 
know some people might not like it, but all of what he has done is 
clearly above board.
  The President is clearly within his powers to impose tariffs on our 
allies like Mexico and Canada and the EU just as much as he is with our 
adversaries like China, Russia, and Iran.
  President Trump, and President Biden before him, took this route 
because Congress has largely relegated tariff authority to the 
President through the laws that effectively cede to the Executive.
  And, my friends, it is just one more example--just one more example--
of Congress abdicating instead of legislating.
  In my time here, I have seen a troubling pattern in both bodies where 
the party that controls the White House seems all too comfortable 
relinquishing authority to the President and then rubberstamping 
whatever policies the Executive wants enshrined into law. Both 
Democrats and Republicans in Congress have deferred to the Executive to 
call the shots, in my view, for far too long.

  Now, we use the phrase around here a lot, ``coequal branches of 
government.'' I use it all the time. But the reality is, Congress was 
created in article I--article I of the Constitution. We are given far 
more authority than the Executive.
  All you need to do is look in your handy-dandy pocket Constitution. 
Ours is a lot longer, but look at the authorities that we have: 
Congress may impeach and remove a President and members of the 
judiciary; Congress can override a Presidential veto of legislation; 
Congress appropriates the money that funds the operation of all 
branches of government; and it is Congress that, again, needs to lay 
and collect taxes, duties, imposts, and excises.
  We also say a lot around here that ``business loves certainty.'' I 
would suggest the country's entire tariff regime being subject to the 
whims of one individual lends anything but certainty, and that is why--
that is why--I have signed onto Senator Grassley and Senator Cantwell's 
legislation. They call it the Trade Review Act of 2025, and it would 
reclaim this branch's authority and duty to help manage tariffs as 
outlined in the U.S. Constitution.
  The bill requires notice to the Congress of the imposition of--or 
increase in--any tariffs, requires notice to the Congress in 48 hours; 
and with that congressional notification, it has to include an 
explanation of the President's reasoning for imposing or raising the 
tariffs as well as providing an analysis of potential impact on 
American businesses and consumers.
  I can tell you, the Alaskans that I am talking to back home would 
really like the last part of this, an analysis of: How is this going to 
impact us?
  Another provision within the Grassley-Cantwell act is, within 60 
days, Congress would pass a joint resolution for approval on the new 
tariff. Otherwise, all new tariffs on imports could expire on that 
deadline.
  So what this act effectively would do would be to reaffirm Congress's 
role with regards to tariffs. It allows for a greater engagement, if 
you will, between the executive and the congressional branch; allows 
for the debate; allows for that engagement; allows for that 
understanding.
  Again, I am hearing from folks all over back home because they are 
worried. We already pay high costs for just about everything in Alaska, 
but they are worried what it is going to mean for groceries, for cars, 
for furniture, electronics, coffee.
  We had a visit with a group of high school students on the steps 
yesterday and they were from all over the State. You had some from 
Ketchikan all the way up to King Cove and out in the Y-K Delta. And the 
first question from one of the 16-year-olds in that group was: Can you 
tell me what is going on with tariffs? How is this going to impact us?
  You know, I really appreciated that question from that 16-year-old, 
who is paying attention to what is going on. He has got questions. He 
is here in Washington, DC, and he is figuring he is going to get some 
answers from his Senator.
  Alaskans are facing consequences. They want to know that they have a 
voice in it. And their voice is us. It is their Senator. It is their 
Representative. That is our role here.
  Now, it has been suggested--the President himself has issued a 
statement about this legislation. He has indicated that he does not 
support it and that he would veto it. That is absolutely within his 
power, but we also have powers. We also have powers here in Congress, 
and we need to assert them.
  So I would hope that this bill is maybe just the start--maybe just 
the toe in the water here where we are starting to see Congress 
reassert its authority. Because if we don't stand up for the 
institution, if we don't stand up for the legislative branch of our 
government by debating this issue and others, but holding votes, 
debating--let's debate this. Let's have a vote on the Trade Review Act. 
Because if we just sit back, if we don't assert our authority, we have 
only got ourselves to blame when we don't like the direction that may 
be taken.
  The Executive has slowly arrogated more and more power since the end 
of World War II, and it has dramatically accelerated post 9/11, but we 
here in Congress have stood by, and we have accepted it. We have said 
it is OK.
  I think it is time for Congress to reassert itself, whether it is on 
tariffs, whether it is on the power of appropriation, whether it is 
overseeing the bodies and the Agencies that we as a body have 
authorized. So let's legislate. Let's remember our role is to 
legislate. We owe that to those that we represent as well as to this 
institution for the long-term good of the Nation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Carolina.