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

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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Misunderstanding the Constitution’s term “direct tax” led the Supreme Court to erroneously uphold Obamacare. Next, it might lead to a new federal wealth tax.
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The Constitution’s crucial distinction between “direct” and “indirect” taxes was well-understood by the Founders, but due to lack of scholarly guidance the Supreme Court often has gotten the distinction wrong.
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