[ceejayoz]

> I believe the argument is that Congress is not constitutionally allowed to delegate determination of the amount of that tax because the first words in the US Constitution are "All legislative Powers herein granted shall be vested in a Congress of the United States" and specifying the amount of that tax is clearly "legislation"?

The powers "herein granted" include "To provide and maintain a Navy", but that doesn't mean they can't delegate aspects of running the Navy to the Executive. We don't have to pass a new law every time the Navy sails a ship to Australia.