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Series

Faculty Publications

2003

Case Western Reserve University School of Law

Taxing Power

Articles 1 - 2 of 2

Full-Text Articles in Law

The Constitution Matters In Taxation, Erik M. Jensen Jan 2003

The Constitution Matters In Taxation, Erik M. Jensen

Faculty Publications

These articles, from a colloquy on the taxing power, are part of an ongoing-some might say endless-debate between the author and Professor Calvin Johnson about the meaning of the Direct-Tax Clauses of the Constitution and the Sixteenth Amendment. The author argues that the Direct-Tax Clauses were intended to be a significant limitation on the national taxing power, and that the Amendment ought to be interpreted accordingly-to have exempted only one category of taxes, taxes on incomes, from the apportionment rule that otherwise applies to direct taxes.


Jensen’S Response To Johnson’S Response To Jensen’S Response To Johnson’S Response To Jensen (Or Is It The Other Way Around?), Erik M. Jensen Jan 2003

Jensen’S Response To Johnson’S Response To Jensen’S Response To Johnson’S Response To Jensen (Or Is It The Other Way Around?), Erik M. Jensen

Faculty Publications

These articles, from a colloquy on the taxing power, are part of an ongoing-some might say endless-debate between the author and Professor Calvin Johnson about the meaning of the Direct-Tax Clauses of the Constitution and the Sixteenth Amendment. The author argues that the Direct-Tax Clauses were intended to be a significant limitation on the national taxing power, and that the Amendment ought to be interpreted accordingly-to have exempted only one category of taxes, taxes on incomes, from the apportionment rule that otherwise applies to direct taxes.