Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional Law (2)
- Affordable care act (1)
- Apportioned tax (1)
- California (1)
- Capped tax (1)
-
- Commerce (1)
- Conditional spending (1)
- Constitutional law (1)
- Cooperative federalism (1)
- Direct tax (1)
- Export Clause (1)
- Federalism (1)
- First Amendment (1)
- Health care (1)
- Health care reform (1)
- Import-Export Clause (1)
- Inc. v. City of Valdez (1)
- Income tax (1)
- Marriage (1)
- OASDI tax (1)
- Perry v. Schwarzenegger (1)
- Polar Takers (1)
- Proposition 8 (1)
- Rights (1)
- Same-sex marriage (1)
- Sixteenth Amendment (1)
- Social security (1)
- Statutory Drafting (1)
- Tax on income (1)
- Tonnage Clause (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Cooperation, Commandeering, Or Crowding Out? : Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler
Cooperation, Commandeering, Or Crowding Out? : Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler
Faculty Publications
The Patient Protection and Affordable Care Act (ACA) substantially alters the respective roles of the federal and state governments in health care policy. Beyond the individual mandate, the ACA presents many questions of federalism, both constitutional and policy-related. This paper, prepared for a symposium sponsored by the Kansas Journal of Law & Public Policy, addresses some of these federalism issues. After outlining some of the policy considerations for determining the proper federal and state balance in health care policy, it identifies constitutional limitations on the federal government’s ability to direct or even influence state policy choices, before discussing how federal …
Perry V. Schwarzenegger: Is Traditional Marriage Unconstitutional?, George W. Dent
Perry V. Schwarzenegger: Is Traditional Marriage Unconstitutional?, George W. Dent
Faculty Publications
This is a brief defense of the constitutionality of California's Proposition 8, which limits marriage for purposes of California law to a relationship between one man and one woman.
Law School Clinics And The First Amendment, Jonathan L. Entin
Law School Clinics And The First Amendment, Jonathan L. Entin
Faculty Publications
No abstract provided.
Quirky Constitutional Provisions Matter: The Tonnage Clause, Polar Tankers, And State Taxation Of Commerce, Erik M. Jensen
Quirky Constitutional Provisions Matter: The Tonnage Clause, Polar Tankers, And State Taxation Of Commerce, Erik M. Jensen
Faculty Publications
In Polar Tankers, Inc. v. City of Valdez, the Supreme Court in 29 struck down a City of Valdez levy that was in form a personal-property tax, but that primarily reached oil tankers using Valdez’s ports, on the ground that the levy violated the Tonnage Clause of the Constitution (“No State, shall, without the consent of Congress, lay any Duty of Tonnage”). The Tonnage Clause, part of the constitutional structure intended to ensure federal primacy in regulating commerce, was once a staple of litigation, but Polar Tankers was the first Supreme Court case decided under the Clause since 1935. Polar …
A Tax Or Not A Tax: That Is The Question, Erik M. Jensen
A Tax Or Not A Tax: That Is The Question, Erik M. Jensen
Faculty Publications
This piece is part of the author’s probably misguided effort to take seriously the Sixteenth Amendment phrase “taxes on incomes.” The piece (in form a letter to the editor, but complete with footnotes!) responds to a reader who had noted that, because of a cap, the basic Social Security “tax” does not reach higher levels of income. Because the author had earlier argued that a tax “on” incomes should result in higher tax liability for higher-income persons, it might seem that the Social Security levy is unconstitutional (or the author just wrong). This piece makes several points: (1) The Social …