The Apportionment of 'Direct Taxes': Are Consumption Taxes Constitutional?

  title={The Apportionment of 'Direct Taxes': Are Consumption Taxes Constitutional?},
  author={E. Jensen},
  journal={U.S. Constitutional Law: Separation of Powers \& Federalism eJournal},
  • E. Jensen
  • Published 1997
  • Economics
  • U.S. Constitutional Law: Separation of Powers & Federalism eJournal
In debates about reorienting the American revenue system, nearly everyone assumes the Constitution is irrelevant. With few exceptions, the tax provisions in the original Constitution - particularly the direct-tax apportionment rule and the uniformity rule - have been interpreted to be paper tigers. And in only one major case has the Sixteenth Amendment, which excepts "taxes on incomes" from apportionment, been held to limit congressional power.Rejecting conventional wisdom, this Article argues… Expand
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Tribute to Professor Erik Jensen


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