Politics, Taxation, and the Rule of Law: The Power to Tax in Constitutional Perspective

The Power to Tax: Analytical Foundations of a Fiscal Constitution
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Beckham No. Judges of Court of Registration, U. Foxworth, U. Miller, U. Pawhuska Oil Co. New Jersey, U. Mayor of Baltimore, U. But see Madison School Dist. WERC, U. Hutchinson Gas Co. Barnwell Bros.

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The converse is not true, however, and the interest of a state official in vindicating the Constitution gives him no legal standing to attack the constitutionality of a state statute in order to avoid compliance with it. Smith v. Indiana, U. West Virginia, U.

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But Congress may by a vote of two-thirds of each House, remove such disability. The precise reasons why this has been so need not concern us here. What prevents Congress from penalizing non-economic conduct by calling a penalty a tax and invoking the Taxing Clause? As a result, politicians have been mere cardboard cutouts, and the notion of constraining their behavior has been of less real interest than the puzzling conundrums of voting theory. In others, direct income maximization is taken to be the motivating force behind bureaucratic behavior.

Dye, U. Kansas City, U. See also Coleman v. Ogden, 22 U. See California Reduction Co. Sanitary Works, U. Walker, U. City of Richmond, U. Chicago, U. Kirkwood, U. New York, U. Walters, U. See also Penn Central Transp.

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City of New York, U. Dukes, U. American Mini Theatres, U. McCarter, U. Richmond, U. Williams, U. Sebastian, U. Geiger-Jones Co.

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City of Goldsboro, U. Mahon, U. Swasey, U. City of Tiburon, U.

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Beckwith, U. Haskell, U. New Orleans, U. Bryan, U. Mow Sun Wong, U. Fano, U. Haymes, U. Morrissey v. Brewer, U. For more recent cases, see DeShaney v.

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Winnebago County Social Servs. City of Harker Heights, U. Lewis, U. But see Chavez v. Martinez, U.

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Bull, 3 U. Smith, U. Greenwich Ins. See also French v. Barber Asphalt Paving Co. There is support for the notion, however, that the proponents of the 14th Amendment envisioned a more expansive substantive interpretation of that Amendment than had developed under the Fifth Amendment. Whatever affects the peace, good order, morals, and health of the community, comes within its scope; and every one must use and enjoy his property subject to the restrictions which such legislation imposes. What is termed the police power of the State, which, from the language often used respecting it, one would suppose to be an undefined and irresponsible element in government, can only interfere with the conduct of individuals in their intercourse with each other, and in the use of their property, so far as may be required to secure these objects.

1.: Taxation in Constitutional Perspective

The compensation which the owners of property, not having any special rights or privileges from the government in connection with it, may demand for its use, or for their own services in union with it, forms no element of consideration in prescribing regulations for that purpose. Topeka, 87 U. There are limitations on [governmental power] which grow out of the essential nature of all free governments.

Implied reservations of individual rights, without which the social compact could not exist. These are fundamental rights which can only be taken away by due process of law, and which can only be interfered with, or the enjoyment of which can only be modified, by lawful regulations necessary or proper for the mutual good of all. A law which prohibits a large class of citizens from adopting a lawful employment, or from following a lawful employment previously adopted, does deprive them of liberty as well as property, without due process of law.

Peck, 10 U. Pennsylvania, U.

Carolina Environmental Study Group, U. See also Usery v. Turner Elkhorn Mining Co. Orrin W.

Fox Co. Governor of Maryland, U. Chicago, R.