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The New Flat Tax: A Modest Proposal For a Constitutionally Apportioned Wealth Tax

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    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.

    Original languageAmerican English
    JournalHastings Constitutional Law Quarterly
    Volume41
    StatePublished - Apr 1 2014

    Keywords

    • Flat Tax
    • Apportionment Clause
    • Wealth Tax
    • insurance law

    Disciplines

    • Insurance Law
    • Law
    • Tax Law

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