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Article
The New Flat Tax: A Modest Proposal For a Constitutionally Apportioned Wealth Tax
Hastings Constitutional Law Quarterly
  • John Plecnik, Cleveland State University
Document Type
Article
Publication Date
4-1-2014
Keywords
  • Flat Tax,
  • Apportionment Clause,
  • Wealth Tax,
  • insurance law
Disciplines
Abstract

This Article is the first to propose a solution that complies with the Apportionment Clause without imposing different rates in different states. This Article discusses the practical and administrative issues with implementing a wealth tax in the United States as well as the substantive fairness of such a tax relative to the income and consumption tax regimes. This article describes the Apportionment Clause, so-called direct taxes, and the constitutional issues with implementing a wealth tax. It also describes prior proposals to circumvent the Apportionment Clause for the sake of a wealth tax. It also outlines a modest proposal to pass the New Flat Tax-a wealth tax that complies with the dual strictures of horizontal equity and the constitutional rule of Apportionment.

Citation Information
John T. Plecnik, The New Flat Tax: A Modest Proposal For a Constitutionally Apportioned Wealth Tax, 41 Hastings Constitutional Law Quarterly 483 (2014).