Naturally, I agree with the argument against the constitutionality of Elizabeth Warren’s wealth tax that Kevin links below — except for this bit:
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’m not sure why this is set up in contrast. A good-faith reading of history and precedent would suggest that most of the New Deal was unconstitutional, too.