Advancing American Freedom led an amicus brief with 8 other amici in V.O.S. Selections, Inc. v. Trump, defending the constitutional separation of powers. The first of Congress’s enumerated powers is the power to impose taxes, both on international trade and domestic affairs. From before the founding, the power to raise revenue has been understood as a core legislative power and is therefore not delegable to any other entity. Congress along has the power to impose taxes. The U.S. Court of International Trade was correct to strike down the President’s unilateral tariffs and we urge the Federal Circuit to affirm that ruling.
“The proper function of the American system of government depends on the separation of powers, as conservatives have understood since the founding,” said AAF General Counsel J. Marc Wheat. “The Federal Circuit should affirm the lower court’s decision and should find that Congress did not and cannot transfer the power to tax to the executive branch.”
