Key Highlights

  • Democrats plan to speed legislation restoring congressional authority over tariffs to the House floor once the next Congress convenes.
  • Tariffs raised about USD 300 billion from January 2025 to July 2026, with about USD 138 billion refunded since February.
  • A Nov. 3 voter poll found 65% say tariffs hurt the US economy, while 22% say they helped.
  • Democrats lack a 60-vote filibuster-proof Senate majority, and overriding a veto needs two-thirds majorities in both chambers.

Two Lines of Attack

Democrats are preparing to challenge President Donald Trump's signature Tariff policy as soon as they take power in the next Congress. Their plans have two prongs: a first-100-hours legislative push meant to unwind much of Trump's agenda, and investigations into Trump and his associates. Both aim at his unprecedented use of tariffs, which Democrats identified as a main target after their Nov. 3 midterm victory.

Rep. Hakeem Jeffries of New York, the Democratic leader who could be elected speaker, said in late August: "We should restore congressional authority as it relates to tariffs, because the Trump tariffs are making life more expensive for the American people." If chosen as speaker, he would speed legislation that reasserts congressional authority over trade to the House floor. Sen.-elect Abdul El-Sayed, D-Mich., said ending the tariff regime, especially the Trade War against Canada, is something Democrats "absolutely have to do immediately."

Sen. Ron Wyden of Oregon, who is in line to lead the Senate Finance Committee when Democrats take it over, has named the Canada trade war as the first target. He said repealing the tariffs on Canada is among the most obvious priorities and that he is working to ensure Congress has the final say so future presidents cannot reenact them.

Investigations and Lawsuits

Rep. Jamie Raskin of Maryland, the top Democrat on the House Judiciary Committee, asked Trump on Oct. 28 to hand over records related to tariff exemptions. Raskin alleges that Trump has used the exemption power to cut "sweetheart deals" for industries whose leaders have given him gifts.

The administration also faces multiple lawsuits over different parts of its tariff policy. The most recent, filed Oct. 20, challenges Trump's use of a Great Depression-era law to impose 50% tariffs on a range of Canadian goods. Another case accuses Trump of trying to recreate the near-global "liberation day" tariffs that the Supreme Court struck down as illegal in late February. The administration has since been ordered to refund USD 166 billion in tariff Revenue collected under the scrapped policy. Some Republicans have distanced themselves from the duties on Canada and others.

What the Tariffs Have Raised

The US Constitution gives Congress, not the president, the power to levy taxes. Over decades the legislative branch has ceded some of that power to the executive, and Trump has asserted broad tariff powers. Since taking office in January 2025 he has raised tariffs on nearly every country, leading to protracted trade wars, most notably with Canada and China. He says Americans do not share the burden of the duties, although tariffs are taxes paid by the importers who bring in the goods. The Tax Foundation estimates that the tariffs raised the average US household's tax burden by USD 820 in 2026.

Trump said before the election that tariffs enabled him to offer every US adult a USD 5,000 Dividend check if Republicans won both chambers, a plan that would cost roughly USD 1.2 trillion. The Penn Wharton Budget Model puts tariff revenue at about USD 300 billion between January 2025 and July 2026. About USD 138 billion of that has been refunded since the Supreme Court ruling in February, and nearly USD 20 billion in collections remain to be refunded.

After the election Trump said that if he removed the tariffs, every one of the 3,000 plants under construction would stop building. He describes the duties as both a negotiating tool and a revenue generator. A voter poll conducted on Nov. 3 found that 65% of respondents say tariffs have hurt the US economy, while 22% say they helped.

Senate and Veto Hurdles

Senate rules constrain the effort. Democrats still lack a 60-vote filibuster-proof majority, which gives Republicans a tool to block legislation. Trump has said he plans to use his veto to force Democrats to the negotiating table, and overriding a veto requires two-thirds majorities in both chambers, so Democrats would need significant Republican help.

Passing legislation that Trump then vetoes could help Democrats build political narratives for the 2028 election cycle. A senior tax manager at an accounting firm said Congress could also consider other routes, such as adding riders to must-pass bills or negotiating with the administration. A number of Republican lawmakers came out against the duties during the campaign, as their opponents gained ground by blaming Inflation on the tariffs and the Iran war.

Tariff Fights to Follow

The points to track are the first bills Democrats bring to the House floor, the vote for speaker, the response to Raskin's request for records on exemptions, the pending lawsuits over the Canada tariffs and the recreated liberation day duties, the remaining USD 20 billion in refunds, and Republican votes on any tariff legislation.