It’s unsurprising to see a rule that provides for considering legislation used in this way. It is surprising that House Republicans are going this far out on a limb to own the tariffs.
How the majority party uses House rules to their advantage
When a partisan piece of legislation goes to the House floor, the majority will use a rule to provide for its consideration. The rule outlines how much time is allowed for debate, any amendments that may be considered, and so on. However, the rule occasionally includes provisions that have nothing to do with the underlying legislation. It’s a creative way for the majority party to avoid potential headaches or having members of their party take tough votes.
Because the rule providing for consideration of a bill is procedural, it’s more often than not a party-line vote. Of course, there have been times in recent years when a member of the majority votes with the minority to defeat a rule on the floor, but it still doesn’t happen regularly. Still, it happened enough for some Republicans to see a change to internal conference rules for other Republicans to face punishment when they vote against the party’s position on procedural matters. The proposed change didn’t go anywhere.
Trump uses National Emergency Act to impose tariffs
Last week, the House Rules Committee marked up the rule, H.Res. 211, providing for consideration of the continuing resolution, H.R. 1968. Buried in H.Res. 211 was this language: “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 (50 U.S.C. 1622) with respect to a joint resolution terminating a national emergency declared by the President on February 1, 2025.”
Why does that matter? Donald Trump has used the National Emergencies Act to impose tariffs on Canada and Mexico–two of the United States’ top three trade partners. The imposition of those tariffs has twice been delayed, although they are currently set to take effect on April 2. Congress may terminate a proclamation of a national emergency under the National Emergencies Act.
The relevant statute, 50 U.S.C. §1622, gives Congress six months to review a proclamation of a national emergency. After the six-month period, both chambers of Congress are supposed to vote on a joint resolution to keep the national emergency in effect or to terminate it. (I say “supposed to” because although the statute requires the House and the Senate to take votes on the matter, Congress hasn’t acted in accordance with the law. Because why do your job when you let whoever happened to occupy the Oval Office do it for you, right?) To date, Congress has terminated only one national emergency. That was the national emergency related to the COVID-19 pandemic.
The statute is crucial because it sets the parameters for consideration after the six-month review period has been exhausted. When a joint resolution is introduced in the House and referred to committee, the committee of jurisdiction has 15 calendar days to report it. If the committee doesn’t report the joint resolution in the 15-calendar day period, any member can make a motion to discharge it. The House would have to vote on the joint resolution within three days unless the chamber votes to table the joint resolution or delay a vote. Discharge from committee is automatic in the Senate after 15 calendar days, and a vote on the joint resolution would take place within three days. The joint resolution may be amended, and it’s not privileged, meaning that the three-fifths threshold required for cloture under Rule XXII is required.
The language in H.Res. 211 keeps the calendar stuck to prevent the termination of the national emergency under the National Emergencies Act until the end of the First Session of the 119th Congress, which basically means until the end of 2025. Now, this doesn’t preclude the Senate from considering such a joint resolution, and it’s possible that it will, but there doesn’t seem to be a path forward in the House. Trump would almost certainly veto such a joint resolution. It’s unlikely the votes are there to override a veto.
House Republicans eager to own Trump's tariffs
It’s unsurprising to see a rule that provides for considering legislation used in this way. It is surprising that House Republicans are going this far out on a limb to own the tariffs, considering the moves Trump has made will increase consumers' prices, cause economic uncertainty for businesses, and damage trade partners like Canada and Mexico. Congress can and should act to undo the national emergency, but partisan politics prevent that.
