Restoring Balance: Why Congress Must Reclaim Authority Over Trade Policy

Published on 10 July 2025 at 16:04

The balance of power within the United States government is a foundational principle that has guided the nation since its inception. It is this balance that ensures no single branch can wield unchecked authority, preserving the democratic ideals upon which the country was built. Yet, in recent years, an unsettling trend has emerged in the realm of trade policy, one where executive power has expanded far beyond its original constitutional limits. The Trade Review Act of 2025, introduced by Senators Maria Cantwell and Chuck Grassley, offers a vital course correction. It is a bold, bipartisan effort to reaffirm Congress’s rightful role in shaping trade policy, a move that is not only necessary but urgent for the health of America’s economy and democracy.

 

Trade policy is no small matter. It touches every American household, influencing the price of groceries, the availability of goods, and the livelihoods of millions who depend on export-driven industries. The Constitution grants Congress the power to regulate commerce with foreign nations, recognizing that such decisions should be the product of deliberation, transparency, and accountability. Unfortunately, in recent years, that power has been ceded to the executive branch, resulting in a slew of tariffs imposed with little to no input from Congress. These tariffs have disrupted carefully balanced global trade relationships, sparked retaliatory measures from allies and competitors alike, and led to unpredictable price swings that burden consumers and businesses.

 

By requiring the President to seek Congressional approval for tariffs to remain in effect beyond 60 days, the Trade Review Act introduces much-needed predictability and transparency into trade policy. Markets thrive on stability and clear rules of engagement; sudden, unilateral tariff decisions have historically caused volatility, disrupted supply chains, and eroded investor confidence. This legislation would prevent abrupt shifts in trade barriers by ensuring thorough legislative review and debate, enabling businesses to plan their operations with greater certainty and reducing the risk of retaliatory trade wars. Ultimately, this fosters a more stable economic environment that benefits American workers, consumers, and trading partners alike.

 

The Trade Review Act demands a return to constitutional order. It requires the President to notify Congress promptly when new tariffs are imposed or existing ones are increased, providing a detailed economic justification for these actions. More importantly, it requires congressional approval for tariffs to remain in effect beyond a 60-day window. This framework ensures that trade decisions are not made unilaterally or on a whim but are subjected to rigorous scrutiny by representatives elected to defend the interests of the American people. It also empowers Congress to rescind tariffs that threaten to do more harm than good.

 

Opponents of this legislation argue that the executive branch must retain the flexibility to act swiftly in matters of national security or economic urgency. However, this argument is often a smokescreen for unchecked executive overreach. Trade policy has profound economic and diplomatic consequences that warrant deliberation and consensus. The ability of Congress to weigh in ensures that tariffs are imposed only when truly necessary and that their broader impacts are considered. It prevents the administration from wielding tariffs as political weapons that undermine long-term economic stability for short-term gain.

 

The bipartisan nature of the Trade Review Act further underscores its importance. In a deeply divided political climate, where partisan gridlock often stalls meaningful legislation, the collaboration between Senators Cantwell and Grassley sends a powerful message. They recognize that restoring Congressional oversight of trade is not a partisan issue but a national imperative. This rare alignment across the aisle highlights a shared commitment to upholding the constitutional design and protecting American consumers and businesses from the unpredictable consequences of unchecked tariff policies.

 

The consequences of ignoring this call to action are already apparent. American farmers, manufacturers, and exporters have faced retaliatory tariffs that cut into their profits and endanger jobs. Consumers have felt the pinch as prices rise on everyday goods, from electronics to clothing. The uncertainty caused by abrupt tariff changes discourages investment and complicates supply chains, undermining America’s competitiveness on the global stage. By passing the Trade Review Act, Congress can provide stability and predictability to trade policy, fostering an environment where businesses can plan and grow with confidence.

 

More than just a legislative correction, the Trade Review Act is a reaffirmation of democratic principles. It is a reminder that the power to shape the nation’s economic future belongs to the people’s elected representatives. Allowing one branch to bypass this system threatens not only financial interests but the very foundation of representative government. The act stands as a safeguard against the erosion of these principles, ensuring that decisions with far-reaching consequences are made transparently, democratically, and responsibly.

 

The road ahead for the Trade Review Act is uncertain. The White House has threatened to veto the bill, claiming it would hinder the President’s ability to protect national security and act decisively in a rapidly changing world. Yet, the framers of the Constitution designed a system of checks and balances precisely to prevent such concentration of power. Protecting the nation does not require bypassing the legislature; it demands cooperation, transparency, and accountability.

 

In this moment, Congress faces a choice. It can continue to cede power to the executive branch, risking economic instability and the erosion of constitutional authority. Alternatively, it can act decisively to restore its rightful role, ensuring that trade policy reflects the will of the people and the nation's interests. The Trade Review Act represents the latter path. It is a crucial step toward reclaiming the balance of power, protecting American workers and consumers, and preserving the democratic ideals that define this country.

 

The bill deserves swift passage and broad support. It reminds us all that in a democracy, no single branch should wield unchecked power, especially when decisions have consequences that ripple through every corner of the economy. The Trade Review Act is not just legislation about tariffs; it is a reaffirmation of the principles that sustain our republic. Congress must seize this moment to act boldly and responsibly. The future of American trade, and indeed American democracy itself, depends on it.

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