| Posted by | Message |
GumboPot 
LSU Fan
Saints Fan
Member since Mar 2009
17419 posts
| Does the progressive federal tax code violate the equal protection clause? (Posted on 12/9/12 at 8:37 pm)
Has the progressive tax system ever been challenged under the equal protection clause of the 14th?
|
| Back to top | Share on  |
Francis Marion
LSU Fan
Le Bossier
Member since Jul 2011
1534 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/9/12 at 8:38 pm to GumboPot)
interesting....Forward!
|
| Back to top | |
kingbob
LSU Fan
St. Amant, LA
Member since Nov 2010
9009 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/9/12 at 8:38 pm to GumboPot)
no, but it's an interesting argument. I doubt it would ever get any traction, but it's an interesting intellectual excercise
|
| Back to top | |
GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
17419 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/9/12 at 8:42 pm to kingbob)
I'm assuming that this question has been answered by the courts. I'd like to see the reasoning behind the rulings if any exist.
|
| Back to top | |
NC_Tigah
LSU Fan
Member since Sep 2003
40211 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/9/12 at 8:47 pm to GumboPot)
quote:
Does the progressive federal tax code violate the equal protection clause?
Not according to John Roberts. According to Roberts the government can tax anything or anybody in any way it desires. 
|
| Back to top | |
WikiTiger
LSU Fan
Member since Sep 2007
38300 posts
 Online
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/9/12 at 8:47 pm to GumboPot)
No, because everyone is taxed at the same rate at every income bracket
|
| Back to top | |
GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
17419 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/9/12 at 8:53 pm to WikiTiger)
quote:
No, because everyone is taxed at the same rate at every income bracket
Never mind.
|
| Back to top | |
C
LSU Fan
The Woodlands, TX
Member since Dec 2007
17416 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/9/12 at 8:59 pm to WikiTiger)
quote:
No, because everyone is taxed at the same rate at every income bracket
yep
|
| Back to top | |
TortiousTiger
Baton Rouge
Member since Jan 2007
12658 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/9/12 at 9:29 pm to C)
Economic position is not a protected class under the Constitution.
but even if it were, the tax code would likely meet the rational basis standard as required by the EP clause.
|
| Back to top | |
Turbeauxdog
LSU Fan
Member since Aug 2004
4709 posts
Online
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/10/12 at 12:30 am to TortiousTiger)
quote:
Economic position is not a protected class under the Constitution.
Let's see if that technicality stands up to the gay marriage case.
|
| Back to top | |
Antonio Moss
LSU Fan
Baton Rouge
Member since Mar 2006
25303 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/10/12 at 8:59 am to GumboPot)
quote:
Has the progressive tax system ever been challenged under the equal protection clause of the 14th?
Yes, and it does not violate. First, the progressive tax code is declared specifically constitutional by amendment.
Second, the grouping of citizens according to income/economics is given low protection under the 14th and thus, government must only show a reasonable basis for the unequal application of law/benefits.
|
| Back to top | |
CollegeFBRules
LSU Fan
Member since Oct 2008
18112 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/10/12 at 9:05 am to Antonio Moss)
quote:
Yes, and it does not violate. First, the progressive tax code is declared specifically constitutional by amendment.
Well, counselor?
|
| Back to top | |
Rex
LSU Fan
Here, there, and nowhere
Member since Sep 2004
47687 posts
Online
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/10/12 at 9:07 am to GumboPot)
quote:
Does the progressive federal tax code violate the equal protection clause?
|
| Back to top | |
GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
17419 posts
| re: Does the progressive federal tax code violate the equal protection clause? (Posted on 12/10/12 at 4:46 pm to Antonio Moss)
quote:
Yes, and it does not violate. First, the progressive tax code is declared specifically constitutional by amendment.
Second, the grouping of citizens according to income/economics is given low protection under the 14th and thus, government must only show a reasonable basis for the unequal application of law/benefits.
Thanks for that explanation.
|
| Back to top | |
