Each day for the remainder of the first session of the 119th Congress shall not constitute a calendar day for purposes of section 202 of the National Emergencies Act with respect to a joint resolution terminating a national emergency declared by the President on February 1, 2025. – H.Res.211
Mike Lawler: AYE
Before we translate, let’s perhaps agree that Congress shouldn’t be conceding its legal authority over tariffs in the middle of a tariff war? Even if you like tariffs.
Well, that’s precisely what the House Republicans voted for on Tuesday in the fog of the government shutdown drama. They simply slipped in an obscure rule change declaring that no day shall count as a “calendar day.”
So how does this relate to tariffs? In a series of executive orders on February 1, President Trump declared a national emergency based on the “extraordinary threat posed by illegal aliens and drugs.” This enabled him to unilaterally impose tariffs to alleviate the threat.
In our system of checks and balances, Congress gave itself the statutory power to terminate a national emergency through a joint resolution. Any member can introduce such a resolution and force a vote in the chamber within 15 “calendar days.” Representative Suzan DelBene of Washington did just that. With the clock ticking towards a full house vote on the legitimacy of Trump’s declared emergency, the Republicans simply changed the rules and stopped the clock. No more “calendar days.” So no resolution will proceed to the floor. Problem solved, Congressional responsibility and accountability avoided.
Perhaps we should stay alert to one possible Rule of Lawler, which is to remain silent and abdicate Congressional authority in the face of arguably reckless, immoral or even illegal behavior by this President. Not a comforting rule, regardless of who is in the White House.
My own rule would be to reflect that a day is really much more than a day in this political moment.
