The Corner

Elections

Re: A Couple of Lefty Law Professors . . .

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.

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