Memo to Democrats: A wealth tax is unconstitutional

Published



Democratic presidential candidates pushing a “wealth tax” are pushing policy that’s not only unwise, but almost certainly unconstitutional.

Article I, section 9 of the Constitution says that “no capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.” What this originally meant is that federal taxes could not be enacted directly on individuals as individuals, but only in proportion to the total population of each state.

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