Constitution Index · S.J.Res. 49 · 2025-04-10
A joint resolution terminating the national emergency declared to impose global tariffs.
Latest official status (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.
Constitutional grade
A
Constitutional
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.
Article I Article I, Section 8 Article I, Section 1 Amendment X Amendment V
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
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.
Bill of Rights · passes
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.
Individual liberty · passes
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.
Decentralization · passes
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 principle.
Due process and takings · passes
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.
Provenance
- Congress.gov: SJRES 49 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #214 | 2026-10-08 | vfa-constitutional-grade/1.0 | 415804f3cd72 | current |
Cite this
Values for America. “Constitutional grade: S.J.Res. 49, A joint resolution terminating the national emergency declared to impose global tariffs..” VFA Constitution Index, grade 214 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/214. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/214
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