S.J.Res. 81 explained  ·  119th Congress  ·  Pending in Congress

A joint resolution terminating the national emergency declared to impose duties on articles imported from Brazil.

Create a free account or sign in to follow S.J.Res. 81 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. ▲ 354 days since action Sponsor: Tim Kaine, VA-Senate, D → Congress.gov

Cosponsors: 10 (7 D, 1 R, 2 other) · per Congress.gov, 2026-10-10

Introduced: 2025-09-18

Latest action (2025-10-31): Held at the desk.

What S.J.Res. 81 does, in plain terms

This joint resolution terminates the national emergency that was declared by President Donald J. Trump in an executive order on July 30, 2025, that also imposed an additional 40% tariff on certain imports from Brazil based on the emergency declaration. (The executive order exempted certain products, such as civil aircraft and parts, wood pulp, precious metals, energy and energy products, and fertilizers, from this additional tariff.)

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

SJRES 81 is constitutional. It uses explicit Article I foreign-commerce and duties powers to end an emergency-based 40% Brazil tariff, infringes no Bill of Rights protection, expands individual economic liberty, keeps foreign trade at the proper federal level while reducing emergency executive concentration, and creates no due process or takings issue.

  • ✓ Passes · Enumerated powers
    Congress has explicit authority over foreign commerce and duties under Article I, Section 8, Clauses 1 and 3, including power to lay and collect imposts and to regulate commerce with foreign nations. Terminating a declared national emergency and the duties imposed under it is a direct exercise of that legislative authority and of congressional control over delegated emergency powers.
  • ✓ Passes · Bill of Rights
    Terminates a 40% additional tariff and emergency regime rather than imposing a new restriction. No speech, religion, press, arms, search, trial, or other First through Eighth Amendment right is infringed. If anything, removal of import duties reduces government burden on purchasing, selling, and contracting liberty protected under the First, Fifth, and Ninth Amendments.
  • ✓ Passes · Individual sovereignty
    Imposes no new restraint on person, property, speech, labor, or belief. It removes a 40% surcharge on certain Brazil-origin goods, expanding individual freedom to buy, sell, import, and contract. The government needs no additional justification because liberty is expanded, not restricted.
  • ✓ Passes · Decentralization
    Foreign commerce and import duties cannot be handled by individuals, counties, or single states without fragmentation and retaliation. Article I, Section 10 limits state power over imposts and foreign compacts. Federal handling is the minimum necessary level, and this resolution moves power downward from emergency executive control back to normal congressional control, so it does not consolidate u…
  • ✓ Passes · Due process and takings
    Creates no criminal liability, no seizure, no forfeiture, and no physical or regulatory taking under the Fifth Amendment. It restores normal notice-and-process customs administration and ends emergency-based duties, reducing rather than creating procedural or substantive due process risk.

Sources: Congress.gov: SJRES 81 summary

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VFA Constitution grade for S.J.Res. 81

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