Congress, Not the White House, Is Trade’s Real Chokepoint
Foreign Affairs identifies the real U.S. trade bottleneck: Congress ceded tariff power, and allies now price in presidential volatility.
The real contest in American trade policy is not between free traders and protectionists. It is between a presidency that has accumulated tariff leverage and a Congress that constitutionally owns it. That is the core warning in Foreign Affairs’ “Only Congress Can Fix American Trade,” which argues that any durable fix for U.S. trade volatility must come from Capitol Hill, not another tactical turn from the Oval Office
Foreign Affairs.
Why the leverage sits in the White House
Article I, Section 8 gives Congress the power to “lay and collect Taxes, Duties, Imposts and Excises” and to “regulate Commerce with foreign Nations”
Constitution Annotated. But over time, Congress delegated large parts of that power to the executive branch, beginning with the Reciprocal Trade Agreements Act of 1934 so presidents could negotiate tariff reductions more efficiently
Office of the Historian. Later laws widened that discretion through tools tied to national security and trade enforcement, including Section 232, which the Trump administration used in 2018 to impose tariffs on steel and aluminum imports
Council on Foreign Relations.
The beneficiary of that drift is the presidency. Tariffs have become a fast coercive instrument for alliance management, industrial policy, and domestic political signaling. The losers are import-dependent firms, trading partners trying to gauge U.S. reliability, and lawmakers who complain about tariff costs without having to cast the vote that created them.
Why this matters now
The Foreign Affairs argument matters because it identifies the real choke point: presidents can change trade posture quickly, but only Congress can make that posture credible across administrations
Foreign Affairs. Businesses can absorb high tariffs if they are stable enough to price in. What they cannot easily price is whiplash—tariffs threatened, delayed, expanded, waived, or repurposed for nontrade objectives.
There is a counterargument. Broad delegation exists for a reason: Congress is slow, fragmented, and poorly built for real-time bargaining with foreign governments
Office of the Historian. That logic still holds in crises. But it also means U.S. trade policy increasingly reflects presidential improvisation rather than legislated strategy. For allies and rivals alike, that reduces the value of any single White House commitment.
For related U.S. positioning, Diplomat’s
U.S. politics and
international coverage are the right lenses.
What to watch next
The next decision point is legislative, not rhetorical. Watch the House Ways and Means Committee and the Senate Finance Committee for bills that would require congressional approval of new tariffs, narrow delegated emergency trade powers, or otherwise reassert Article I authority. If Congress does nothing, the White House keeps the leverage—and American trade policy stays vulnerable to the next president’s tactical needs more than the country’s long-term negotiating credibility.