Congress can cancel the emergency and retake control of tariffs with just simple majority vote in both chambers (which the Senate did last night regarding Canadian tariffs). Just exercising right under International Emergency Economic Powers Act of 1977. constitutioncenter.org/amp/blog/how...
Right. Senator Warren is advocating strongly for this to happen.
Let’s say both houses vote to rescind the ‘emergency’ by simple majorities. In effect taking away Trump’s ability to levy tariffs. Can’t Trump veto that? And then Congress will have to have 2/3 of the vote to override the veto, right?
No, he can’t. POTUS can veto bills. Congress rescinding POTUS declaration of national emergency isn’t a bill, it’s their exercising their oversight power under an existing law. This is all discussed in the article I linked.
Congress has power over tariffs. They delegated the power to POTUS in the limited circumstances of national emergencies in the Int’l Emergency Economic Powers Act. Under the Act, Congress reserved power to override POTUS emergency declaration by joint resolution by both chambers (simple majority).
The article says “Joint Resolution of Congress.” But Wikipedia says a Joint Resolution requires the President’s approval, just like a bill. en.wikipedia.org/wiki/Joint_r...