Republican Says Congress Won’t Bail Trump Out
A new divide is emerging inside the Republican Party after the Supreme Court struck down President Donald Trump’s sweeping tariff authority — setting the stage for a constitutional battle over who controls America’s trade policy.
Rep. Don Bacon (R-Neb.) says he will not support efforts to formally codify President Donald Trump’s tariffs into law, following the Court’s 6–3 decision that the administration exceeded its executive authority.
And according to Bacon, there simply aren’t enough votes in Congress to pass such legislation.
“I don’t think they have the votes,” Bacon said shortly after the ruling.
Supreme Court Reasserts Congressional Authority Over Tariffs
The Supreme Court’s decision marks a significant moment in the long-running debate over executive power and constitutional limits.
While President Trump has long argued that aggressive tariffs are essential to protect American workers and counter unfair trade practices from countries like China, the Court ruled that Congress — not the president alone — holds primary authority over trade policy.
For many constitutional conservatives, this raises a fundamental question:
Should Congress reclaim full control over tariffs, or should presidents retain broad authority in times of economic urgency?
Republican Divide: Strategy vs. Authority
Some Republicans are pushing back against the Court’s decision.
Sen. Bernie Moreno (R-Ohio) has suggested the Senate could use the reconciliation process to reinstate Trump’s tariff framework legislatively.
But the House GOP holds only a razor-thin majority, making passage far from certain.
Bacon, who previously voted alongside six House Republicans to repeal tariffs on Canada, says he supports targeted action — but not sweeping executive measures.
“I can support focused tariffs on countries that aren’t treating us fairly,” he explained. “But that’s not what was happening here.”
America First Trade Policy Still in Motion
House Speaker Mike Johnson (R-La.) defended President Trump’s broader America First trade strategy, emphasizing the economic leverage tariffs have created.
“No one can deny that the President’s use of tariffs has generated billions of dollars and strengthened America’s negotiating power,” Johnson said. “They’ve helped secure reciprocal trade agreements with countries that took advantage of American workers for decades.”
Supporters argue that tariffs:
- Increased U.S. leverage in global negotiations
- Pressured China on trade imbalances
- Generated billions in federal revenue
- Signaled a tougher stance on unfair trade practices
Critics, however, warn about inflationary pressures and constitutional overreach.
Trump Announces New 10% Global Tariff Plan
Following the Supreme Court ruling, President Trump quickly announced plans to impose a 10% global tariff using a different executive authority.
Bacon cautioned that pursuing a similar unilateral path could trigger another legal challenge.
“If they package it differently, we could end up right back before the Supreme Court,” he said, calling the ruling a clear reaffirmation of congressional power.
He added that lawmakers must defend their constitutional role rather than rely solely on the judiciary.
“Congress shouldn’t sit back and hope the Court protects our authority. We need to defend it ourselves.”
What This Means for Conservative Voters
For Americans who support President Trump’s economic nationalism and America First trade policies, the issue now shifts from whether tariffs work to who controls them.
Key questions moving forward:
- Can Congress and the White House collaborate on a constitutionally solid tariff plan?
- Will Republicans unify around a legislative strategy?
- Does the Supreme Court ruling weaken America’s trade leverage — or strengthen constitutional order?
This debate touches two core conservative principles:
- Protecting American workers and manufacturing.
- Upholding constitutional separation of powers.
The coming weeks will determine whether Congress codifies elements of Trump’s tariff strategy, modifies it, or charts a new legislative path entirely.
One thing is certain: trade policy remains at the center of America’s economic future.
