The Donald Trump administration is reportedly preparing ways to push major policies without congressional approval in case Democrats take control of Congress in the midterm elections. It is moving to actively use the president’s executive authority on tariff and immigration, housing costs, and federal government expenditure, while also conducting legal reviews to prepare for congressional investigations that Democrats could lead. Some expect that even if Democrats become the majority in Congress, it will not be easy to roll back President Trump’s tariff policy.
U.S. President Donald Trump smiles at attendees before his campaign rally speech at the Five Flags Center in Dubuque, Iowa, on the 1st. /Courtesy of AFP
On the 1st (local time), Reuters reported, citing one White House official and two sources familiar with the plans, that the Trump administration has been preparing countermeasures since April to brace for the possibility of Democrats seizing Congress.
According to Reuters, senior officials including White House Deputy Chief of Staff Stephen Miller and White House Office of Management and Budget Director RUSSELL Vought are reviewing administrative actions that can be pursued without congressional approval with the White House Counsel’s Office. White House Counsel Will Scharf and his staff are examining the scope and legal limits of powers the president can exercise unilaterally and how to defend those actions in court.
Items under review include imposing new tariff on imports of critical minerals and wind turbines, tightening visa rules for foreign students and temporary workers, and measures to lower the cost of dwellings and construction. Federal agencies have also reportedly submitted to the White House policy proposals and legal reviews that can be implemented without congressional approval. However, whether these measures will be implemented has not yet been decided.
Director General Vought is also reviewing ways to advance the administration’s policies by using budgets already approved by Congress. The administration is also looking at changing related rules so that officials appointed by the Trump administration can exert greater influence in determining the recipients and programs of federal subsidies.
Trump has reportedly been briefed on these preparations and taken part in related discussions. In a New York Post podcast interview released that day, he said that if Republicans lose control of Congress, he could veto bills for a month or two and then move to compromise with Democrats. He added, “I’ll probably be ‘Mr. Veto.'”
◇ Even if Democrats win, scrapping tariff will be “difficult”
In the midterms on the 3rd, all 435 seats in the House and 35 of the 100 seats in the Senate are up for grabs. The House currently stands at 218 Republicans and 214 Democrats, and the Senate at 53 Republicans and 47 Democrats. Democrats can become the majority by netting four seats in both the House and the Senate. Reuters said polls rate Democrats’ chances high in the House, while the Senate outcome is hard to predict.
In this situation, if Democrats become the majority in Congress, Trump’s legislative and budget policies are expected to be checked. In particular, if they win a Senate majority, they can block confirmations of key executive and judicial nominees, including Supreme Court justices. However, Trump can veto bills passed by Democrats, and to override that, Congress would need two-thirds support in both chambers.
Clashes over tariff policy are also expected to intensify. According to Reuters, if Democrats become the majority in Congress, they may push for votes on bills to repeal Trump’s tariff and hold hearings on trade policy.
A representative case is the End Trump’s Tariff Tax Act, introduced by Senate Democratic Leader Chuck Schumer. The bill would repeal Section 338 of the 1930 Customs Act, the basis for high tariff on Canadian products, and Section 122 of the 1974 Trade Act, the basis for a temporary 10% global tariff. Twenty-eight senators, including Ron Wyden, co-sponsored it.
Democrats are also expected to investigate how exemptions from tariff are determined, the impact on small and mid-size businesses, and how trade partners such as Korea and Japan are carrying out their pledged investments in the United States totaling hundreds of billions of dollars. However, even if Democrats pass a bill to scrap tariff, it would be difficult to secure enough seats to override Trump’s veto.
William Reinsch, a nonresident senior adviser at the Center for Strategic and International Studies (CSIS), said, “Democrats will make several attempts, but in reality it will be difficult (to repeal tariff and so on) because neither party will secure a majority large enough to override a veto.”
The Trump administration intends to continue its tariff policy. White House Spokesperson Matthew Middleton said Trump will unwaveringly pursue “America First” in trade negotiations and economic policy.
The U.S. Capitol. /Courtesy of Reuters
◇ Legal defenses prepared for congressional investigations
The Trump administration is also preparing for investigations that could ramp up if Democrats become the congressional majority. Democrats have discussed probing whether Trump used his authority to benefit himself, his associates, or political donors.
White House lawyers are explaining to agency heads how to respond to congressional requests for documents and subpoenas. They are also reportedly reviewing whether to apply executive privilege to Trump’s conversations with private advisers to exclude them from congressional investigations.
Since regaining power in January last year, Trump has actively used executive authority on measures such as imposing tariff, tightening immigration enforcement, and reducing the federal workforce. As prospects grow that the administration will continue pushing independent policies even if the balance of power in Congress shifts after the midterms, conflicts between the White House and Congress over presidential authority are expected to intensify.