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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
30699 posts
Online

Does the progressive federal tax code violate the equal protection clause?

Has the progressive tax system ever been challenged under the equal protection clause of the 14th?


Francis Marion
LSU Fan
Le Bossier
Member since Jul 2011
1536 posts

re: Does the progressive federal tax code violate the equal protection clause?
interesting....Forward!


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kingbob
LSU Fan
Sorrento, LA
Member since Nov 2010
23862 posts

re: Does the progressive federal tax code violate the equal protection clause?
no, but it's an interesting argument. I doubt it would ever get any traction, but it's an interesting intellectual excercise


GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
30699 posts
Online

re: Does the progressive federal tax code violate the equal protection clause?
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.


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NC_Tigah
LSU Fan
Carolinas
Member since Sep 2003
59114 posts

re: Does the progressive federal tax code violate the equal protection clause?
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.


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WikiTiger
LSU Fan
Member since Sep 2007
40721 posts

re: Does the progressive federal tax code violate the equal protection clause?
No, because everyone is taxed at the same rate at every income bracket


GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
30699 posts
Online

re: Does the progressive federal tax code violate the equal protection clause?
quote:

No, because everyone is taxed at the same rate at every income bracket




Never mind.


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C
LSU Fan
The Woodlands, TX
Member since Dec 2007
23195 posts

re: Does the progressive federal tax code violate the equal protection clause?
quote:

No, because everyone is taxed at the same rate at every income bracket


yep


TortiousTiger
Baton Rouge
Member since Jan 2007
12668 posts

re: Does the progressive federal tax code violate the equal protection clause?
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.



Turbeauxdog
LSU Fan
Member since Aug 2004
6607 posts

re: Does the progressive federal tax code violate the equal protection clause?
quote:

Economic position is not a protected class under the Constitution.


Let's see if that technicality stands up to the gay marriage case.


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Antonio Moss
LSU Fan
Baton Rouge
Member since Mar 2006
30610 posts

re: Does the progressive federal tax code violate the equal protection clause?
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.


CollegeFBRules
LSU Fan
Member since Oct 2008
20337 posts

re: Does the progressive federal tax code violate the equal protection clause?
quote:

Yes, and it does not violate. First, the progressive tax code is declared specifically constitutional by amendment.


Well, counselor?


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Rex
LSU Fan
Here, there, and nowhere
Member since Sep 2004
60488 posts

re: Does the progressive federal tax code violate the equal protection clause?
quote:

Does the progressive federal tax code violate the equal protection clause?



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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
30699 posts
Online

re: Does the progressive federal tax code violate the equal protection clause?
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.


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