Today, I will be debating the constitutionality of the wealth tax. The Federalist Society has organized today’s debate with Indiana Law Professor David Gamage who co-authored Why A Wealth Tax Is Definitely Constitutional.
The event titled “Would a Wealth Tax Pass Constitutional Muster” is open to public for registration and will be held virtually at 1:30 ET.
Update: Here is the podcast.
I have previously discussed different aspects of the wealth tax from its constitutionality to its imposition what I called a “captivity tax.” I also responded to counterarguments raised by Yale Professor Bruce Ackerman.
We are very fortunate to have two highly respected individuals managed the event. Eileen J. O’Connor of the Law Office of Eileen J. O’Connor, PLLC will serve as the moderator and Robert Carney, Senior Counsel of Caplin & Drysdale will serve as the interlocutor.
As I have previously written, I do not believe that the wealth tax is definitely constitutional and that this is a much closer question. Like so many questions, it ultimately comes down to your default position on such interpretative questions.
On its face, the wealth tax would seem to be a “direct tax” that runs against the language of Article I, Section 2, Clause 3 of the Constitution requires that “direct taxes shall be apportioned among the several States.” However, I am eager to hear Professor Gamage’s insights. He writes and teaches in the area of tax law and policy. My focus is on constitutional law and history. Thus, we come to this question from different academic perspectives but that should only make this discussion even more interesting. The wealth tax controversy is fascinating because it intermingles a tax and constitutional law elements.
You can register for the event here.