S.J.Res. 37 explained · 119th Congress · Pending in Congress
A joint resolution terminating the national emergency declared to impose duties on articles imported from Canada.
Cosponsors: 9 (7 D, 1 R, 1 other) · per Congress.gov, 2026-10-12
Introduced: 2025-03-11
Latest action (2025-04-03): Held at the desk.
What S.J.Res. 37 does, in plain terms
This joint resolution terminates the national emergency declared by President Donald J. Trump on February 1, 2025, which imposed an additional 25% tariff on most imports from Canada (except for Canadian energy or energy resources, which have an additional 10% tariff).
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
SJRES 37 is constitutional. It uses Congress's Article I foreign-commerce and duties powers to end an executive emergency tariff regime on Canada, reducing burdens on liberty, property, and due process rather than creating new ones. Foreign trade is properly federal, and this measure de-concentrates power back to the legislature.
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✓ Passes · Enumerated powers
Congress has explicit authority over foreign commerce and duties under Article I, Section 8, Clause 1 (power to lay and collect Duties, Imposts) and Article I, Section 8, Clause 3 (power to regulate Commerce with foreign Nations). Terminating a presidentially declared national emergency on imports from Canada is a direct exercise of that legislative authority and a check under Article I, Section 1… -
✓ Passes · Bill of Rights
Terminates rather than imposes a restriction. No speech, religion, press, arms, search, trial, punishment, or other First through Tenth Amendment right is infringed. To the contrary, ending a 25% tariff (10% on energy) reduces a government burden on property, contract, and livelihood protected under the First Amendment right to petition, the Ninth Amendment retained rights, and the Tenth Amendment… -
✓ Passes · Individual sovereignty
This resolution expands individual sovereignty by removing a 25% surcharge (10% on energy) on voluntary exchange with Canadian sellers. It places no new limit on person, property, speech, labor, or belief. The burden was on the government to justify the emergency restriction; termination returns the presumption to liberty of contract and property. -
✓ Passes · Decentralization
Foreign commerce with Canada cannot be handled by individuals, localities, or states alone; Article I, Section 10, Clauses 2-3 prohibit states from laying imposts or entering foreign compacts. The minimum necessary level is the federal government. This resolution does not consolidate upward: it moves power downward from unilateral executive emergency action back to Congress as a body and reduces f… -
✓ Passes · Due process and takings
No taking, fine, seizure, or deprivation without notice and hearing. Under the Fifth Amendment Due Process and Takings Clauses, termination of emergency duties restores normal notice-and-comment tariff lawmaking and removes an extraordinary exaction imposed by emergency declaration, improving procedural regularity and reducing uncompensated burden on importers and consumers.
Sources: Congress.gov: SJRES 37 summary
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