The Corner

Elections

A Couple of Lefty Law Professors . . .

. . . . offer a pretty good explanation of why Elizabeth Warren’s proposed wealth tax is unconstitutional.

The framers of the 16th Amendment thought about scrapping the direct tax clauses entirely, but they decided instead to limit the amendment to “incomes.” An income tax is a tax on wages and money received from property, while a wealth tax is a tax on the value of property itself. The amendment applies to taxes on income, not to taxes on wealth.

Wealth tax proponents might argue that progressives ought not trim their sails simply because they fear that hostile justices will strike down their policies. Certainly, it would have been bad advice to tell President Franklin Roosevelt not to pursue the New Deal because a conservative court would fight back. But this is not an instance of ideologically motivated jurists pulling a rabbit out of a hat. A good-faith reading of history and precedent would suggest that the Warren and Sanders wealth taxes are unconstitutional.

I forget — what is it Senator Warren teaches at Harvard?

If the obstacle is a “good faith” reading of the Constitution, then Warren is unlikely to be hindered. Good faith is not her business.

Most Popular

Tired of ‘Winning’ Yet?

I’ve never really thought of Mark Steyn as a Palestinian suicide bomber before. You’ll want some context. Steyn, a wonderful writer and former National Review colleague, was filling in for Rush Limbaugh a few weeks ago, and he made the case for using antitrust law to bully technology platforms such as ... Read More

Tired of ‘Winning’ Yet?

I’ve never really thought of Mark Steyn as a Palestinian suicide bomber before. You’ll want some context. Steyn, a wonderful writer and former National Review colleague, was filling in for Rush Limbaugh a few weeks ago, and he made the case for using antitrust law to bully technology platforms such as ... Read More

The Need to Discuss Black-on-Black Crime

Thomas Abt’s book Bleeding Out (2019) has garnered a fair amount of attention for its proposals to deal with gun violence in mainly black urban neighborhoods. The entire focus of the book is on interventions in high-crime locations to stem the violence, including: hot-spots policing, working with young males at ... Read More

The Need to Discuss Black-on-Black Crime

Thomas Abt’s book Bleeding Out (2019) has garnered a fair amount of attention for its proposals to deal with gun violence in mainly black urban neighborhoods. The entire focus of the book is on interventions in high-crime locations to stem the violence, including: hot-spots policing, working with young males at ... Read More

Jason Isbell’s Alt-Alt-Country Masterpiece

There has long been a chasmic disconnect between the creators and the consumers of Americana music. The Americana songwriter still wants to be Woody Guthrie, but the Americana listener stopped being Tom Joad about 60 years ago. Americana — or alt-country, or folk, or whatever we’re calling it this week — ... Read More

Jason Isbell’s Alt-Alt-Country Masterpiece

There has long been a chasmic disconnect between the creators and the consumers of Americana music. The Americana songwriter still wants to be Woody Guthrie, but the Americana listener stopped being Tom Joad about 60 years ago. Americana — or alt-country, or folk, or whatever we’re calling it this week — ... Read More

Protesting Works. Rioting Doesn’t.

The tragic death of George Floyd on May 25 in Minneapolis has set off massive protests in the city and elsewhere. The protesters point to a video in which a police officer uses his knee to restrain Floyd, applying pressure to his neck for several minutes, as Floyd protests that he can’t breathe. This will ... Read More

Protesting Works. Rioting Doesn’t.

The tragic death of George Floyd on May 25 in Minneapolis has set off massive protests in the city and elsewhere. The protesters point to a video in which a police officer uses his knee to restrain Floyd, applying pressure to his neck for several minutes, as Floyd protests that he can’t breathe. This will ... Read More