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More Evidence that “Direct Taxes” include Levies on Wealth and Income

More Evidence that “Direct Taxes” include Levies on Wealth and Income

by Rob Natelson | Jul 26, 2024 | Constitution, Direct Taxes

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...
Clearing Up the Confusion About the Constitution’s Term “Direct Taxes”

Clearing Up the Confusion About the Constitution’s Term “Direct Taxes”

by Rob Natelson | Jul 17, 2024 | Constitution, Taxation Clause

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...
The Supreme Court Was Wrong About Taxes

The Supreme Court Was Wrong About Taxes

by Rob Natelson | Jul 10, 2024 | 16th Amendment, Constitution, Court Cases, Taxation Clause

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...
Understanding the Constitution: Income taxes, other taxes & the 16th Amendment

Understanding the Constitution: Income taxes, other taxes & the 16th Amendment

by Rob Natelson | Jan 13, 2022 | 16th Amendment, Constitution, Direct Taxes

The Constitution granted Congress power to impose personal income taxes before ratification of the 16th Amendment, but the 16th Amendment facilitated the power. This essay explains the amendment’s background and effect. This essay also corrects several longstanding...
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