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Former Virginia Governor George Allen: ‘The Tariffs Are An Unconstitutional Seizure of Taxation Power that Conservatives Should Oppose’

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There are few issues more important than how and how much governments tax their citizens. But what is often less appreciated, but even more important, is under what authority taxes are imposed.

Former Senator and Virginia Governor George Allen, a Republican, opposes President Trump’s tariffs, arguing they are an unconstitutional overreach of presidential power.

In today’s Washington Post, Allen argues:

“I strongly disagree, as a matter of constitutional principle, with the president’s “emergency” declaration to impose near universal import taxes on products from allies and adversaries alike. The Constitution is clear that taxes are the purview of Congress, not a tool to be implemented by presidential proclamation.”

For this reason, Allen has joined a legal challenge against the tariffs. While supporting the Trump administration’s efforts on energy and regulatory reform and agreeing with the need for trade reciprocity, Allen insists protectionism isn’t the answer to rebuild American manufacturing.

Allen writes in the Washington Post:

“We should seek to make manufacturing in the United States more desirable with competitive taxes, reasonable regulations, plentiful energy, a skilled workforce, and free and fair trade — not with protectionism. This is in line with the ideal goal, as expressed by many in the Trump administration, of zero-for-zero tariffs, which would result in greater access for U.S. companies and farmers to export their products into foreign markets.”

Allen sees the president’s tariff imposition as a dangerous precedent, comparing it to executive overreach by President Biden on other issues and warning against unchecked presidential power.

“It’s as objectionable as it was when President Joe Biden used his executive pen to forgive student debt, impose coronavirus vaccine mandates and wage war on coal through a rogue Environmental Protection Agency.”

The precedent this sets is dangerous. Allen warns in the Washington Post:

“Imagine if some future president declared that a looming climate apocalypse required “emergency action.” That president could use that “climate emergency” declaration to “save the planet” and impose a 100 percent tax on coal, oil and natural gas and restrict consumption of hydrocarbon fuels, allowing government to wrest control of both energy production and consumption.”

Make no mistake, opposing these tariffs is in line with the constitutionally conservative principles of limited government and protects critical separations of power.

The Thomas Jefferson Institute applauds Governor Allen for his bold stance. His closing line says it all: “I couldn’t sleep well if I cowardly declined to get involved in a matter so foundational and for which I feel so strongly.”

Read former Governor Allen’s important message in today’s Washington Post.

Derrick Max is the President and CEO of the Thomas Jefferson Institute for Public Policy. He can be reached at dmax@thomasjeffersoninst.org.


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