S.J.Res. 49 explained  ·  119th Congress  ·  Agreed to in the Senate

A joint resolution terminating the national emergency declared to impose global tariffs.

Create a free account or sign in to follow S.J.Res. 49 and get alerts. Policy area: Foreign Trade and International Finance Create a free account or sign in to follow the Foreign Trade and International Finance policy area and get alerts. ▲ 537 days since action Sponsor: Ron Wyden, OR-Senate, D → Congress.gov

Cosponsors: 6 (5 D, 1 R) · per Congress.gov, 2026-10-11

Introduced: 2025-04-10

Latest action (2025-04-30): Motion to table the motion to reconsider the vote by which S.J. Res. 49 failed of passage (Record Vote No. 225) agreed to in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 226.

What S.J.Res. 49 does, in plain terms

This joint resolution terminates the national emergency declared by President Donald J. Trump on April 2, 2025, which imposed a 10% tariff on most imports to the United States and additional duties on specified trading partners.

Official summary by the Congressional Research Service, via Congress.gov.

Constitution Index

“VFA Constitution grade”

A

Constitutionally sound

Graded 2026-10-08

SI-generated grade · five published checks · not individually reviewed by a person · methodology

S.J.Res. 49 is constitutional. It exercises Congress's explicit Article I tariff and foreign-commerce powers to end an executive emergency tariff regime, infringes no rights, expands individual economic liberty, returns decision-making to the proper legislative level, and violates no due process or takings protection.

  • ✓ Passes · Enumerated powers
    Congress has explicit authority over tariffs and foreign commerce under Article I, Section 8, Clauses 1 and 3, which grant power to lay duties and regulate commerce with foreign nations. Terminating an executive-declared emergency to reassert that legislative control is squarely within that grant and within Congress's power under Article I, Section 1.
  • ✓ Passes · Bill of Rights
    Termination removes rather than imposes burdens on speech, press, assembly, arms, searches, and other protected rights. No First through Tenth Amendment right is infringed. The action restores liberty of trade and property consistent with the Ninth and Tenth Amendments.
  • ✓ Passes · Individual sovereignty
    S.J.Res. 49 restricts no person, property, speech, labor, or belief; it removes a 10% general import duty and related surcharges. By reducing government-imposed costs on buying, selling, and using imported goods, it expands individual choice and leaves no restriction for the government to justify.
  • ✓ Passes · Decentralization
    Foreign commerce and tariffs are inherently national and cannot be handled by individuals, localities, or states alone without fragmenting foreign policy. This resolution does not consolidate power upward; it moves power downward from unilateral executive emergency action back to Congress, the constitutionally designated holder of tariff power. It therefore satisfies the minimum-necessary-level pr…
  • ✓ Passes · Due process and takings
    The resolution bypasses no hearing, imposes no punishment, creates no presumption of guilt, and takes no property. It ends extraordinary emergency duties imposed without individualized process and returns tariff policy to regular legislative process under Article I, consistent with Fifth Amendment procedural and substantive due process.

Sources: Congress.gov: SJRES 49 summary

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VFA Constitution grade for S.J.Res. 49

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