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Washington: With the US midterm elections on Tuesday, the Trump administration is preparing more executive trade action, even as Democrats hope to win control of at least one chamber of Congress. If they do, analysts say, the party could bring far more scrutiny to President Donald Trump’s tariffs, but it would struggle to undo them, because any bill to curb his trade powers would face a presidential veto.
What the administration is planning
The administration is developing plans to rely more heavily on executive actions, including on trade, that do not need congressional approval. The White House said Trump will keep pursuing a tariff-driven agenda aimed at protecting American workers, farmers and businesses from being “ripped off” by past trade deals.
The approach reflects how the tariff regime has been rebuilt over the past year.
- February 20, 2026: The Supreme Court ruled that the president could not use the International Emergency Economic Powers Act (IEEPA) to impose tariffs. The same day, Trump imposed a temporary 10% tariff on most imports under Section 122 of the Trade Act of 1974.
- May 2026: The Court of International Trade ruled narrowly against the use of Section 122 for those global tariffs. Twenty-four states had also sued over the surcharge.
- July 24, 2026: The Section 122 tariffs expired at their 150-day limit. Congress did not extend them.
- July 22-23, 2026: The administration imposed 10% or 12.5% tariffs on 60 economies under Section 301, following an investigation into forced-labour-related practices, along with a 25% Section 301 tariff on Brazilian goods.
Trump has since cited four statutory authorities to raise tariffs: Section 338 of the Tariff Act of 1930, Section 232 of the Trade Expansion Act of 1962, and Sections 122 and 301 of the Trade Act of 1974.
More tariffs already scheduled or under study
Several actions have future dates or are still under investigation.
| Measure | Timing |
|---|---|
| Minimum import prices on polysilicon and derivatives | December 4, 2026 |
| Tariff increases on certain timber and lumber | January 1, 2027 |
| Duties on certain drone components | February 9, 2027 |
| Section 301 probe into structural excess capacity in manufacturing | Ongoing since March |
| Possible Section 301 probe into the EU over fines on large US firms | Threatened |
Multiple Section 232 and Section 301 investigations remain open, so additional tariff rates may be announced.
What Democrats could do if they win
If Democrats take at least one chamber, trade experts and congressional aides expect a cascade of oversight hearings and symbolic tariff-rollback votes next year. Likely targets include:
- Hearings on the economic and legal basis for the tariffs, including how they are being justified under older statutes.
- Messaging votes on long-stalled bills such as Senator Chuck Schumer’s “End Trump’s Tariff Tax Act,” which would scrap Section 338, the statute backing punitive tariffs on Canadian goods, and Section 122, the law used for the temporary global tariff.
- Proposals to tighten Sections 232, 301 and 338, for example by defining “national security,” capping rates and durations, requiring economic analysis and adding a congressional vote for broad or lasting actions.
Why the veto changes the math
The central limit is arithmetic. Legislation to curb presidential tariff powers would need two-thirds majorities in both the House and Senate to override a likely veto. One trade analyst told reporters he doubted anything would get across the finish line, because neither party would have a veto-proof majority in any scenario. Opposition to broader tariff authority is not purely partisan, as some Republicans have also voiced concern, but bipartisan unease has so far not turned into law.
So a Democratic Congress would mainly offer friction, public hearings and political pressure rather than reversals.
The two readings
The administration’s case: Tariffs are a lever to rebalance trade, protect domestic industry and secure better deals, and the president is using authorities Congress has already granted. The White House argues that the strategy should continue regardless of the election.
The critics’ case: Opponents argue that the Constitution gives Congress the power over tariffs, that older statutes are being stretched beyond their intent, and that the duties act as a tax on American consumers and businesses. Democrats and some legal scholars say the repeated move from one statute to another shows why Congress should reassert its role.
Why it matters beyond the US
Tariffs on a broad group of economies mean that exporters and governments elsewhere, including in Asia, are watching closely. A Democratic Congress may offer partners a more sympathetic audience in Washington, but it would not by itself alter the tariffs they face. The decisions will still largely rest with the White House and the trade agencies.
What to watch
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The outcome of Tuesday’s elections in the House and Senate, which determines committee control and subpoena power.
- New Section 232 and 301 announcements, particularly ahead of the December and January dates.
- Court challenges to the newer tariff authorities, including the legal fight over Section 122.
- Whether Republicans in Congress join efforts to define or limit the president’s powers.
- Reactions from trading partners, including any retaliatory steps.
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