Insights into the Constitution from English Social History
Eighteenth Century social history helps us understand why the Constitution was written as it was.
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How the New York Bill of Rights Helped Lead to the U.S. Bill of Rights
John Lansing, Jr. used the New York Bill of Rights as one basis for the proposed constitutional amendments drafted by James Madison.
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Direct Taxes and the Founders’ Originalism
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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United States v. Abbott and State War Powers
A federal court of appeals has upheld the right of Texas to defend itself against illegal immigration by erecting a barrier in the Rio Grande River.
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The Constitutional Line on Direct Taxes
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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More Evidence that “Direct Taxes” include Levies on Wealth and Income
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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Moore v. United States and the Uncertainty About “Direct” and “Indirect” Taxes
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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Wealth Taxes and the Direct-Indirect Tax Controversy
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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Clearing Up the Confusion About the Constitution’s Term “Direct Taxes”
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 Supreme Court Was Wrong About Taxes
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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Learn About Chief Justice John Marshall from Rob Natelson’s New Audio Series
Was Marshall really a model for liberal activist justices? Learn the truth in this audio series.
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The Supreme Court’s Trademark Case and the First Amendment: Carrying History Too Far
The court reached the right conclusion, but it erred in two ways.
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