In wake of the Supreme Court’s decision in the IEEPA tariff case, AAF’s leaders weighed in:
AAF Founder Vice President Mike Pence:
“Today’s 6-3 ruling by the Supreme Court is a Victory for the American People and a Win for the Separation of Powers enshrined in the Constitution of the United States.
In Learning Resources, Inc. v. Trump, our Supreme Court has reaffirmed that the Constitution grants Congress – not the President – the power to tax.
American families and American businesses pay American tariffs – not foreign countries. With this decision, American families and businesses can breathe a sigh of relief.
I’m proud of the work our organization @AmericanFreedomhas done on this case through our robust amicus brief program to advance economic freedom and defend the Constitution.
With this historic decision, America can now return to the pursuit of Free Trade with Free Nations under the Constitution of the United States!”
AAF Chairman Marc Short:
“Today, the Supreme Court reasserted the clear reading of the Constitution that the Founders assigned the Legislative branch the power to tax, not the Executive branch.
The Trump-Pence Administration surgically wielded tariffs to address the existential threat of the Chinese Communist Party – not as a bludgeon against both friend and foe. As a result, the first Trump Administration broke Washington’s decades long bipartisan consensus on China.
Advancing American Freedom is proud to have stood with American families and business against this unconstitutional, unilateral, and unfocused tariff assault that has cost American families dearly in lost wages, higher prices, and fewer jobs – not to mention sowing economic uncertainty and pushing our allies closer to Communist China.
While this is an important victory, undoubtedly, the Trump Administration will continue to pull other levers in pursuit of its war on trade. With persistent inflation and a declining GDP, Congress must reassert its Article One powers.”
AAF’s Legal Team:
“Advancing American Freedom applauds the Supreme Court’s ruling today that the President’s tariffs under the International Emergency Economic Powers Act (IEEPA) exceeded his authority. The Court ruled in Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc. that IEEPA does not grant the President the power he claims to set tariff rates unilaterally.
Justices Roberts, Gorsuch, and Barrett correctly reasoned that if the Executive claims a major new power, it must point to a clear and unambiguous statutory language. IEEPA fails on the major questions doctrine.
As AAF argued in its amicus brief before the Court, both the power to tax and the power to regulate commerce with foreign nations are vested exclusively in Congress by Article I of the Constitution. IEEPA does not and cannot alter that arrangement.
The tariff fight is not over. Administration officials have already signaled that they intend to advance the same tariff agenda through other statutes, including the long-discredited Smoot-Hawley Tariff Act of 1930. The dissenting justices endorsed the President’s ability to tariff so long as he pivots to a different statute.
AAF will continue to stand for the Construction and the liberty of the American people it exists to protect.”