“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
If you want to understand the Constitution, you should know something of the social context that produced it. Very useful for this purpose are the chapters on the 17th and 18th century in George Macaulay Trevelyan’s book, English Social History: A Survey of Six...
My earlier entry provided links to Founding-era sources showing that the Constitution’s category of “direct taxes” included levies on all kinds of wealth and on business profits and income. Direct taxes were not, as often claimed, limited to capitations and real...
The Supreme Court’s June 20 decision in Moore v. United States continues the long-standing controversy over the Constitution’s distinction between “direct” and “indirect” taxes. Writing for the Court, Justice Brett Kavanagh stated that “Generally...
Along with some good decisions, Supreme Court justices made some mistakes in the term just ended. One mistake involved taxes—and it is likely to bedevil the court in future cases. Moore v. United States posed the question of whether Congress could tax corporate...
Justice Clarence Thomas’ opinion for the Supreme Court in Garland v. Cargill—the “bump stock firearms” case—may be more important for what it does not say than for what it does. On its face, Cargill granted a statutory victory to gun owners. Below that, however, it...