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Demsrule86

(71,555 posts)
19. The income tax require an amendment in order to be implemented.
Fri Nov 8, 2019, 04:34 PM
Nov 2019

The Constitution prohibits federal direct taxes that are not apportioned by population, except for the income tax which is specifically permitted by the Sixteenth Amendment. So the issue is what is a direct tax? Other taxes such as the estate tax and business income tax were found constitutional for different reasons...the estate tax was upheld as an indirect tax on the transfer of wealth. The business income tax was upheld as an excise tax for the privilege of doing business. None were ruled constitutional as direct taxes. Also, all involved some sort of business enterprise.

This doesn't exist in the wealth tax...and we have an unfriendly court towards progressive policy...thus I believe the wealth tax would be found unconstitutional as it violates the apportion aspect that must be present in order to make a direct tax permissible and an unfriendly SCOTUS makes this very likely too.

Now this has nothing to do with the constitutionality of a wealth tax, but I would not be in favor of multiple taxes on the same money and assets . I think eventually we will all pay such a tax...just like we all pay income taxes today...even though it began as a tax on the wealthy.

If I were to vote in a presidential
primary today, I would vote for:
Joe Biden

Recommendations

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But the job creators. guillaumeb Nov 2019 #1
Yes, and the constitutionality of it, and it won't pass etc.. CentralMass Nov 2019 #3
Exactly. guillaumeb Nov 2019 #4
I would really like to hear from Joe Biden on this topic. Red Oak Nov 2019 #2
I believe this is unconstitutional and would never pass muster in any court much less the right Demsrule86 Nov 2019 #12
In what way is it unconstitutional? Buzz cook Nov 2019 #14
The income tax require an amendment in order to be implemented. Demsrule86 Nov 2019 #19
A wealth tax apportioned by class Buzz cook Nov 2019 #22
Kicked and recommended. Uncle Joe Nov 2019 #5
When these idiots cry about people no longer wanting to achieve anything, ask them to name one world wide wally Nov 2019 #6
It was popular earlier this year and it remains popular BeyondGeography Nov 2019 #7
Should at least take the word "new" out of the subject line. redqueen Nov 2019 #8
Asked and answered. Buzz cook Nov 2019 #16
I would bet you'd get strong support for increasing taxes on everyone making more than the pollee. Hoyt Nov 2019 #9
The burden will fall on the middle class to prove their value annually tirebiter Nov 2019 #10
Yeah, why bother having laws when the crooks will get away with stuff. Hassin Bin Sober Nov 2019 #13
Why create a problem for those of us who are neither the cause or the cure tirebiter Nov 2019 #15
The IRS is woefully underfunded. Buzz cook Nov 2019 #17
They can't have them do anything tirebiter Nov 2019 #20
Ever hear of regulations and laws? Buzz cook Nov 2019 #21
Not So Scary After All colsohlibgal Nov 2019 #11
A wealth tax may be unconstitutional and will be tied up in the courts for a long time Gothmog Nov 2019 #18
Renaming progressive taxation that is very different in consruct from your wealth tax tirebiter Nov 2019 #23
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