this post was submitted on 27 Nov 2023
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The plaintiffs’ arguments in Moore v. United States have little basis in law — unless you think that a list of long-ago-discarded laissez-faire decisions from the early 20th century remain good law. And a decision favoring these plaintiffs could blow a huge hole in the federal budget. While no Warren-style wealth tax is on the books, the Moore plaintiffs do challenge an existing tax that is expected to raise $340 billion over the course of a decade.

But Republicans also hold six seats on the nation’s highest Court, so there is some risk that a majority of the justices will accept the plaintiffs’ dubious legal arguments. And if they do so, they could do considerable damage to the government’s ability to fund itself.

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[–] [email protected] 2 points 9 months ago

Er, no?

I'm saying that the Constitution, Article I Section 9, imposes a limit on Congress's ability to issue taxes. The Sixteenth Amendment was passed to specifically exempt income taxes from that limit, which is what authorized the federal income tax. There is a very real legal argument that a wealth tax, which is a fundamentally different kind of tax, does not fall under the Sixteenth Amendment exemption and thus is constitutionally restricted.

I might not have explained that super clearly, so genuinely, feel free to ask if I was confusing at all.