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Elizabeth Warren’s Tax Plan is Unconstitutional

Introduction to Why Elizabeth Warren’s Tax Plan is Unconstitutional:

One of the best benefits of learning how to interpret the Constitution is that you can then point out when candidates or politicians have unconstitutional plans. And that’s exactly what James Robbins does in an excellent USA Today column about why Elizabeth Warren’s tax plan is unconstitutional.

For those of you that, like me, recognize the devastating economic consequences of higher taxes, Robbins’s article is a must-read. In it, he gives us the ammunition necessary to battle back support for Elizabeth Warren’s tax plan.

Few Americans, for whatever reason, are convinced by economic arguments anymore. Perhaps they’re too rich, or perhaps they just don’t believe them. But, they do believe in the Supreme Court’s jurisprudence and the importance of laws being constitutional; so, an ability to prove that Elizabeth Warren’s tax plan could prove crucial in limiting support for her ridiculous, wealth-redistribution focused plans.



First, about what Elizabeth Warren’s tax plan actually is:

Democratic presidential hopeful Elizabeth Warren is vigorously promoting her proposed wealth tax aimed at the super rich whom she says don’t pay their fair share. It isn’t really a “billionaire tax” — the levies kick in at 2% annually on households with a net worth of $50 million, rising to 6% for those with a net worth of a billion dollars or more. And unlike income taxes, this covers every form of wealth and property, even “yachts, jewelry and fine art,” held in the United States or abroad. It takes class warfare to a whole new — and probably illegal — level.


Next, about the history of “soak the rich” proposals:

President Franklin D. Roosevelt introduced a “wealth tax” in the Revenue Act of 1935, stating, “People know that vast personal incomes come not only through the effort or ability or luck of those who receive them, but also because of the opportunities for advantage which government itself contributes. Therefore, the duty rests upon the government to restrict such incomes by very high taxes.”


Then, about what the Constitution has to say about Warren’s plan:

Article 1 Section 9 of the Constitution forbids the government from laying a “capitation, or other direct, tax” unless in proportion to the census…the 16th (or income tax) Amendmentwas proposed, passed and ratified during William Howard Taft’s single term. It gave Congress the right to levy a form of taxation that was originally constitutionally suspect. But there is no provision in that amendment for a general federal property or wealth tax.


Finally, the other reason why Elizabeth Warren’s tax plan is unconstitutional:

A second objection is that the wealth tax proposal is functionally a bill of attainder, which is also forbidden under Article 1 Section 9, and denied to the states under Section 10…bills of attainder identify specific groups (in this case “billionaires”) and impose punishment (taking wealth) without a trial.

elizabeth warren's tax plan is unconstitutional


Robbins says much more in the remainder of the article about why not only is it true that Elizabeth Warren’s tax plan is unconstitutional, but also it’s horrible fiscal policy that will punish those that understand the importance of saving and investing. Furthermore, it will just add yet more dollars into unproductive government programs, such as Medicare and Social Security.

It’s important to remember that Elizabeth Warren is an awful candidate for a wide variety of reasons, as I wrote about yesterday in my article about impeachment. Yes, she’s a liar that lied about her race. But also, and perhaps more importantly, she is also a socialist. There’s nothing good about collectivism; we can’t let some awful, lying politician who supports it become president.

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If she wins, which is highly unlikely, we’ll need to find ways to stop her. After reading Robbins’s article, it looks like the Supreme Court might be the best way.

August 2020 Addendum: Luckily for America, Elizabeth Warren did not win the Democratic nomination. Even the left could tell that she is a fraud, incompetent, and unreasonable. Unfortunately, creepy Joe Biden seems to have adopted Elizabeth Warren’s tax plan and does not seem to get that wealth taxes are unconstitutional. As a result, part of his radical tax plan for if he wins is to create a wealth tax. Like Elizabeth Warren before him, he needs to be stopped.

By: Gen Z Conservative