Some commentators have been building on the prevailing uncertainty to argue that wealth taxes are indirect and therefore need not be apportioned.
Moore v. United States and the Uncertainty About “Direct” and “Indirect” Taxes Read More »
A law imposing a federal wealth tax would be unconstitutional unless the projected revenue was apportioned among the states by population.
Wealth Taxes and the Direct-Indirect Tax Controversy Read More »
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.
Clearing Up the Confusion About the Constitution’s Term “Direct Taxes” Read More »
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.
The Supreme Court Was Wrong About Taxes Read More »
Was Marshall really a model for liberal activist justices? Learn the truth in this audio series.
Learn About Chief Justice John Marshall from Rob Natelson’s New Audio Series Read More »
Biden’s statement on the Supreme Court immunity decision is provably false.
Correcting Biden’s False Statement on the Supreme Court’s Presidential Immunity Decision Read More »
The court reached the right conclusion, but it erred in two ways.
The Supreme Court’s Trademark Case and the First Amendment: Carrying History Too Far Read More »
The real significance of this case is that it tells us the notorious “Chevron doctrine” is on the way out.
Marshall was not part of the “living constitution” project. He sought to interpret the Constitution according to “the intention of its makers.”
The Great John Marshall, Part 4 Read More »
A state supreme court justice has been flying flags with leftist symbols for years—without any outcry. How long do you think her judicial career would have lasted if she had displayed a MAGA flag?
Justice Alito is Criticized; a Liberal Judge Gets a Pass Read More »
There has been a effort in the law schools—and at times in the Supreme Court—to appropriate Marshall as a model for liberal activism.
The Great John Marshall, Part 3 Read More »
Justice Barrett’s opinion contains a readable survey of the court’s convoluted “takings” law.
SCOTUS Defends Property Rights, but Raises Constitutional Questions Read More »
