Moon v. Freeman

POWELL, Chief Judge.

The plaintiff, a producer and exporter of wheat, challenges the constitutionality of the provision of the Agricultural Adjustment Act of 1938 as amended, and the Pood and Agriculture Act of 1962 (7 U.S.C.A. §§ 1379a-1379j) requiring the purchase of wheat marketing export certificates. He contends that the Act constitutes the levy of a tax on exports which is prohibited by Article I, Section 9, Clause 5, of the Constitution of the United States, which states, “No Tax or Duty shall be laid on Articles exported from any State.”

The original complaint named the Secretary of…