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The Society for the Rule of Law Institute Joins Amicus Brief Defending Separation of Powers

July 11, 2025

The Society for the Rule of Law Institute has joined Advancing American Freedom and seven other organizations in filing an amicus brief urging the U.S. Court of Appeals for the Federal Circuit to uphold a core constitutional guardrail: the separation of powers.

The case challenges whether Congress can delegate its exclusive power to impose tariffs — an essential aspect of its taxing authority — to the executive branch. The amicus brief argues that such delegation violates the Constitution’s clear assignment of the taxing power to Congress under Article I.

The power to tax lies with Congress, not the executive branch.

Read the full brief here.