"The New Flat Tax: A Modest Proposal For a Constitutionally Apportioned" by John Plecnik
 

Document Type

Article

Publication Date

Spring 2014

Publication Title

Hastings Constitutional Law Quarterly

Keywords

Flat Tax, Apportionment Clause, Wealth Tax, insurance law

Abstract

This Article is the first to propose a solution that complies with the Apportionment Clause without imposing different rates in different states. This Article discusses the practical and administrative issues with implementing a wealth tax in the United States as well as the substantive fairness of such a tax relative to the income and consumption tax regimes. This article describes the Apportionment Clause, so-called direct taxes, and the constitutional issues with implementing a wealth tax. It also describes prior proposals to circumvent the Apportionment Clause for the sake of a wealth tax. It also outlines a modest proposal to pass the New Flat Tax-a wealth tax that complies with the dual strictures of horizontal equity and the constitutional rule of Apportionment.

Volume

41

Issue

3

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