Senator Murkowski Argues for Congressional Oversight of Tariffs
Washington, DC – In a speech on the Senate floor today, U.S. Senator Lisa Murkowski (R-AK) made her case that Congress needs to reassert its authority – starting with oversight of levying tariffs. In light of the recent trade policies enacted by the executive branch, Senator Murkowski spoke about the role that belongs to Congress, but emphasized that institution has slowly ceded its responsibility to the executive over the last century.
Click here to watch the Senator’s remarks.
Below is the text of Murkowski’s remarks as delivered.
Thank you, Mr. President.
Yesterday was a day that really captured the attention of the world. We've 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% tariff rates that had previously applied to all countries, which had been initiated on Saturday, April 5. Just hours later, yesterday afternoon, the President announced a 90-day pause and lowered reciprocal tariffs to 10% and at the same time, announced that he was raising tariffs on China to 125% - now today, it looks like that number is closer to 145%.
So, to say that this has been a dizzying week in Washington, DC is probably an understatement. Those of us that are following the markets, it's been somewhat head-spinning. I'm 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 in bringing nations to the table. We're 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 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's admirable, and it's something that we should all be working towards. 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's 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. But I want to focus more on the process of how these tariffs were imposed, because I believe it is yet another example of Congress choosing to cede its powers to the executive branch. And if the global implications of these tariffs have shown us nothing else, it’s that measures that are as important as these should 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's under Article One, Section Eight of our United States Constitution that clearly enumerates that “Congress shall have the power to lay and collect taxes, duties, imposts and excises.” In other words, the power to levy tariffs rests with us here in the Congress.
So why have we seen the executive take control over tariff rates? The answer lies in almost in a centuries-long series of bills that we have seen here that Congress has 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 those 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 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 and 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's 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 rubber stamping 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: “co-equal branches of government.” I use it all the time. But the reality is, Congress was created in Article One of the Constitution. We're given far more authority than the executive. All you need to do is look in your handy dandy little pocket constitution. Ours is a lot longer.
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's why I have signed on to 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 Congress of the imposition of, or increase, in any tariffs. It requires notice to Congress in 48 hours. 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.
And I can tell you, the Alaskans that I'm talking to back home would really like the last part of this: an analysis of how this is going to impact us.
And then another provision within the Grassley-Cantwell Act is within 60 days, Congress would pass a joint resolution of approval on the new tariff. Otherwise, all new tariffs on imports would expire after that deadline.
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.
So, again, I'm hearing from folks all over back home, because they're worried we already pay high costs for just about everything in Alaska. They're worried about what it's going to mean for groceries, for cars, for furniture, electronics, even coffee.
We had a visit with a group of high school students on the on the steps yesterday, and they were from all over the state. We had some from Ketchikan, all the way out to King Cove, and out in the YK Delta. And the first question from one of the 16-year-old’s in that group was, “Can you tell me what's going on with tariffs? How is this going to impact us?”
I really appreciated that question from that 16-year-old who's paying attention to what's going on. He's got questions. He's here in Washington, DC, and he's figuring he's going to get some answers from his senator.
Alaskans are facing consequences. They want to know they have a voice in it, and their voice is us. It's their senator, it's their representative. That's our role here.
Now it's been suggested, and the president himself has issued a statement about this legislation: he's indicated that he does not support it, and that he would veto it. That is absolutely within his power.
But, we also have powers have powers here in Congress, and we need to assert them. And so, I would hope that this bill is maybe just the start, maybe just the toe in the water, where we're 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 by 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've 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's dramatically accelerated post-9/11. We here in Congress have stood by, and we've accepted it. We've said it's okay. I think it's time for Congress to reassert itself, whether it's on tariffs, whether it's on the power of appropriation, whether it's overseeing the bodies, 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.
And with that, Mr. President, I yield the floor.
###
