What Happened
- The US House of Representatives voted 219-211 to pass a resolution seeking to terminate the national emergency that President Trump invoked to impose tariffs on Canadian imports, marking a rare bipartisan rebuke of the administration's trade policy.
- Six Republican representatives broke party ranks to join all but one Democrat in supporting the resolution: Don Bacon (Nebraska), Kevin Kiley (California), Thomas Massie (Kentucky), Jeff Hurd (Colorado), Brian Fitzpatrick (Pennsylvania), and Dan Newhouse (Washington). Only one Democrat, Jared Golden of Maine, voted against.
- The tariffs, originally imposed in February 2025 at 25% on most Canadian goods (10% on energy), were later escalated to 35% in July 2025, and were justified under the International Emergency Economic Powers Act (IEEPA) citing fentanyl trafficking and illegal immigration.
- The resolution now moves to the Senate, but even if passed by both chambers, the President can veto it, requiring a two-thirds supermajority in both houses to override — making its enactment unlikely.
Static Topic Bridges
International Emergency Economic Powers Act (IEEPA), 1977
The IEEPA was enacted on December 28, 1977, to clarify and narrow presidential emergency economic powers that had expanded under the Trading with the Enemy Act (TWEA) of 1917. It authorises the President to regulate international economic transactions — including imports — after declaring a national emergency in response to an "unusual and extraordinary threat" originating substantially outside the United States to US national security, foreign policy, or economy. Until 2025, IEEPA had never been used to impose tariffs.
- IEEPA replaced the broad wartime powers under the Trading with the Enemy Act of 1917, which had been invoked during peacetime emergencies
- The statute requires the President to declare a national emergency under the National Emergencies Act (NEA) of 1976 before invoking IEEPA powers
- On February 1, 2025, Trump declared a national emergency citing fentanyl and illegal immigration to impose tariffs on Canada, Mexico, and China — the first-ever use of IEEPA for tariffs
- Multiple federal courts held that IEEPA does not authorise tariffs; the US Supreme Court accepted the case for expedited review in September 2025
- The key legal question is whether the word "regulate" in the statute encompasses the power to impose tariffs (duties on imports)
Connection to this news: The House resolution specifically targets the national emergency declaration that underpins the IEEPA-based tariffs on Canada. By voting to terminate the emergency, Congress is challenging the legal foundation of the tariffs, though the resolution's practical impact is limited without a veto-proof majority.
Congressional Authority Over Trade and Tariffs
Under Article I, Section 8 of the US Constitution, Congress holds the power "to lay and collect Taxes, Duties, Imposts and Excises" and "to regulate Commerce with foreign Nations." Over the 20th century, Congress delegated substantial tariff authority to the President through statutes including the Trade Act of 1974 (Section 301), the Trade Expansion Act of 1962 (Section 232), and IEEPA. The tension between Congressional authority and presidential trade powers has become a central constitutional question.
- Article I, Section 8, Clause 1 (Taxing Power) and Clause 3 (Commerce Clause) vest trade authority in Congress
- Key delegated authorities: Section 301 (unfair trade practices), Section 232 (national security), Section 201 (safeguard tariffs), and IEEPA (emergency powers)
- The National Emergencies Act (1976) provides Congress with expedited procedures ("fast track") to pass a joint resolution terminating a presidential national emergency by simple majority
- However, since INS v. Chadha (1983), termination requires an enacted joint resolution (passed by both chambers and signed by the President or veto overridden) — not just a legislative veto
- A presidential veto requires a two-thirds supermajority in both chambers to override
Connection to this news: The 219-211 vote demonstrates that a bare majority of the House opposes the tariffs, but falls well short of the two-thirds threshold (290 votes) needed to override a presidential veto. The vote is therefore largely symbolic but signals growing bipartisan discomfort with the use of emergency powers for trade policy.
US-Canada Trade Under USMCA
The United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA and entered into force on July 1, 2020, governs the nearly $2 trillion in US goods and services trade within North America. Canada is the United States' largest trading partner by total bilateral trade volume. The agreement includes comprehensive rules on market access, rules of origin, digital trade, labour, environment, and a mandatory joint review scheduled for July 2026.
- Total US-Canada bilateral trade in 2024: approximately $761.2 billion (goods: $770.5 billion exports + imports; services: $147.3 billion)
- Canada was the top destination for US exports and the third-largest source of US imports in 2024
- US goods trade deficit with Canada in 2024: $73.6 billion
- USMCA replaced NAFTA (in force since January 1, 1994) and incorporated updated provisions on digital trade, intellectual property, currency manipulation, and sunset review
- Trump initially suspended tariffs on USMCA-compliant goods in March 2025 before escalating the overall tariff to 35% in July 2025
- Key Canadian exports to the US: petroleum and energy products, vehicles, machinery, metals, agricultural products
Connection to this news: The tariffs effectively override USMCA commitments, creating a contradiction between the trade agreement framework and the emergency tariff regime. Canada has retaliated with its own tariffs, straining the world's largest bilateral trading relationship and raising questions about the durability of the USMCA framework ahead of its 2026 joint review.
Key Facts & Data
- House vote: 219-211 (6 Republicans joined Democrats; 1 Democrat voted against)
- Tariff rate on Canadian goods: 35% (raised from initial 25% in July 2025); energy imports: 10%
- Legal basis: IEEPA (1977), invoked via national emergency declaration on February 1, 2025
- US-Canada bilateral trade (2024): approximately $761.2 billion
- USMCA entered into force: July 1, 2020 (replaced NAFTA, in force since January 1, 1994)
- USMCA mandatory joint review: July 2026
- Congressional override threshold: two-thirds supermajority in both chambers (290 in House, 67 in Senate)
- Supreme Court accepted IEEPA tariff case for expedited review: September 2025