Congress Has the Power to Act. And They Must Use It Now.
Congress has a powerful tool to fight back—there’s a fast-track process for forcing a vote in both chambers on a resolution ending the “emergency” Trump declared under the NEA, which would block the tariffs.
How Congress Can Actually Make This Happen
NEA resolutions are considered “privileged,” and that’s a big deal.
Privileged resolutions:
- Bypass committee—leadership can’t bury them
- Force a floor vote within a specific timeframe
- Can’t be filibustered in the Senate (only need 51 votes)
- Put every member of Congress on the record
This is one of the rare tools Congress has that actually bypasses normal roadblocks. It’s a fast-track process built to rein in presidential overreach.
Unfortunately, these resolutions, like regular laws, need to be signed by the president in order to take effect. We know Trump will veto any resolution that reaches his desk—he’s already threatened to do so. And overriding that veto requires a two-thirds majority in both chambers. That’s a high bar—but it’s not a reason to give up.
Why This Works—Even in the Minority
Even though Democrats don’t hold the majority in either chamber, they can still force votes on these privileged resolutions. That’s what makes this moment so critical.
Under the National Emergencies Act:
- A member files a privileged resolution to end the emergency.
- It’s referred to the relevant committee, which has 15 calendar days to act.
- If the committee fails to act, the resolution is automatically discharged in the Senate, and in the House, a member can force a vote to “discharge” it to the floor.
- It becomes the pending business on the floor—which means it must be debated and voted on.
- Debate time is limited and cannot be filibustered.
IEEPA resolutions follow the same process.
This is one of the few legislative tools that cannot be stopped by a hostile majority or buried by leadership. It guarantees a vote. And it forces every Senator to take a side.
Why This Fight Matters—Even If We Can’t Override the Veto
We hear this all the time: “What’s the point? He’ll just veto it.”
But this fight matters. Deeply.
Even if the resolutions don’t become law, forcing votes is politically powerful:
- It puts every member of Congress on the record
- It draws a clear line between authoritarianism and accountability
- It creates a public debate and generates headlines
- It slows Trump down procedurally and politically
- It builds momentum for future repeat
This isn’t performative. It’s principled. It’s pressure. And it’s how we defend democracy when the normal paths are blocked.
Watch for Sabotage: Republicans Are Already Trying to Kill These Votes
House Republicans have grown wise to this fast-track process to hold them accountable - so they’re trying to rig the rules to avoid being put on the record. They have now twice slipped ruler changes into unrelated legislation that strips the NEA resolutions of their privileged status in the House. This means that Speaker Johnson will try to bury them in committee. Every Republican voted for these rules changes - providing cover and support for Trump’s dangerous tariffs. They voted in favor of obstruction and gave carte blanche to Trump to wreck the economy and extract political favors in exchange for tariff exemptions. This must be treated like what it is: a cover up.
Fortunately, we have a backup plan.
If They Block It? There’s Still One More Tool: The Discharge Petition
Even when Speaker Johnson rigs the rules to block a vote, House Democrats can launch a discharge petition.
Here’s how it works:
- If a resolution has been stuck in committee for more than 30 days, it can be forced to the floor
- All it takes is 218 signatures
- It’s difficult and time-consuming, and it requires a few Republicans to break ranks
- But it’s possible—especially with grassroots pressure
Mike Johnson’s obstruction only applies to the House. That’s where we need the discharge petition. Democrats can and should proceed with forcing a vote in the Senate, and there’s no need to wait.
What About the Cantwell-Grassley Bill?
Senators Maria Cantwell and Chuck Grassley have introduced the Trade Review Act of 2025—a bipartisan bill to reassert congressional authority over tariffs.
That’s a good step. It would require:
- Advance notification to Congress
- A public justification and analysis
- Congressional approval within 60 days
It would give Congress more control over future tariff abuses.
But it doesn’t cancel Trump’s April 2 emergency. It doesn’t stop the April 5 tariffs. It doesn’t override a veto. It doesn’t fix the crisis in front of us.
It’s a reform bill for next time. But we need action right now.
What We Want to See From Our Members of Congress
Democrats have already taken the important first step of introducing the privileged resolutions to block the tariffs. Senator Ron Wyden is leading the effort in the Senate, and Congressman Greg Meeks in the House. Read on for the next steps!
HOUSE DEMOCRATS
- Force votes on privileged resolutions to end the April 2 national emergency declaration to block the tariffs.
- Launch discharge petitions for resolutions that Republicans try to block with procedural shenanigans. Call out Republicans who don’t sign on.
- Be ready to launch and lead a discharge petition if the resolution is blocked procedurally.
- Use every platform—press conferences, floor speeches, field hearings, social media—to call out Trump’s power grab and spotlight Republican complicity. Turn up the volume and make it politically painful for them to stay silent.
SENATE DEMOCRATS
- Force votes on privileged resolutions to terminate the April 2 emergency.
- Force votes and put Senate Republicans on the record, even if a veto override is unlikely.
- Shine a spotlight on Trump’s bogus emergency—flood the floor with speeches, press hits, and hearings to hammer home the message: this is an abuse of power that threatens economic stability and democratic checks.
HOUSE REPUBLICANS
- Refuse to support any rule that strips privilege from resolutions related to the April 2 emergency.
- Sign a discharge petition if the resolution is buried—especially those representing districts harmed by the tariffs.
- Break ranks to protect congressional authority over taxation and trade—remind them this is a constitutional power grab, not a policy dispute.
SENATE REPUBLICANS
- Vote yes on privileged resolutions to end the emergency or block the tariffs—especially those from states hurt economically.
- Use your platform to oppose Trump's abuse of power, even if you won’t challenge him directly.
- Show you're willing to draw the line on executive overreach—remind them this precedent will outlive Trump.