The USMCA’s substance is regrettable. The process that produced it was even more so because it was lawless.

Agreements that fully comply with the Trade Promotion Authority (TPA) cannot be amended and can be passed by a simple majority. But the USMCA did not comply: The implementing legislation was not submitted to Congress 30 days before a committee or floor vote on it, a requirement necessary if Congress is to perform its constitutional duty to establish trade policy. Also, the TPA requires that the implementing legislation contain only provisions “strictly necessary or appropriate” for implementation. Otherwise, the TPA’s expedited process could be used to sneak extraneous matters into law without adequate scrutiny, or possible opposition through amendment, or a 60-vote threshold. But for the first time ever, implementing legislation contained appropriations, $843 million, including $50 million for salaries and expenses for the Office of the U.S. Trade Representative, which was designated an “emergency.”

The Senate and its once-formidable Finance Committee are, Toomey believes, being “marginalized” and made “irrelevant” as the executive wields authority delegated to it by Congress — but without Congress insisting on compliance with the terms of the delegation. The question, Toomey says, is: “Are we willing to enforce our own law that governs the proceedings of this body?”