Major Problems in Montana's CI-128 (the Abortion Initiative)
- September 26, 2024

If the Framers had believed the Constitution would be construed by any rules other than those then prevailing, they would have worded it very differently.
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Although some judges and other writers have been confused about direct and indirect taxes, when the Constitution was adopted the definitions were, as John Marshall said, “clearly understood.”
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In light of the evidence, it is astounding that confusion over the Constitution’s categories of direct and indirect taxes still persists.
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Some commentators have been building on the prevailing uncertainty to argue that wealth taxes are indirect and therefore need not be apportioned.
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A law imposing a federal wealth tax would be unconstitutional unless the projected revenue was apportioned among the states by population.
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Congress could impose income taxes before the 16th amendment.
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