Why Warren’s Wealth Tax is Unconstitutional

The 2.75 trillion raised over the next ten years by these taxes will be used to provide universal childcare and pre-kindergarten, cancel 95% of student loan debt, make public colleges tuition-free, and invest if green manufacturing practices.

And to much of the US, that sounds pretty good. After all, it’s not like those wealthy people are going to go hungry or anything. And who doesn’t want free education?

The problem is that those proposals she has made will cost much more than the 2.75 trillion she says it will, particularly when you include her plan of Medicare for All and the Green New Deal. The amount of money needed is closer to $126.6 trillion in actuality, forcing the national deficit to only rise.

The other major problem is that the plan isn’t even constitutional.

Warren’s plan states that “All household assets held anywhere in the world will be included in the net worth measurement, including residences, closely-held businesses, assets held in trust, retirement assets, assets held by minor children, and personal property with a value of $50,000 or more.”

Under the constitution, a wealth tax such as this is considered to be a ‘direct taxation’ because it is levied on the amount of wealth a person has, or at least how much they report to having, and not just their annual income. It is also directly taken out by the federal government instead of being handled through the states, as sales or income tax would be.

And the Constitution makes it clear that all direct taxes must be “apportioned among the several States” according to “the Census or Enumeration herein.” Basically, this means that the taxes must be split between each state depending on that state’s population, not its wealth. For example, if a state contains 11% of the national population, then it must pay 11% of the tax, regardless of how much money or assets its occupants have.

So let’s say that two states have nearly the same amount of people living in them, like Missouri which according to 2010s census had 5, 988, 927 (1.93% of the nation’s population, and Maryland, who has 5, 773, 552 people or 1.87% of the population. The percentages are fairly close.

According to apportioned taxes, Missouri would have to pay more in taxes. However, according to the 2010 census. Maryland is the wealthier state, with the median income around $70,647 in comparison to Missouri, whose average citizen only makes $46, 262 annually.

And as you can see, this would be unfair to many states, leaving poorer states to possibly pay much more than wealthier states with a fewer population. In addition, what would keep wealthy individuals from merely moving their assets to a state with lower tax burdens? Nothing, which is precisely why Warren doesn’t want the tax apportioned.

But if it isn’t, then it is illegal. Warren would have to somehow convince congress that this is an indirect tax for it not to be apportioned. However, since the tax is applied to people and possessions and not their transactions, sales, or even income, it will be an impossible tax.

For a former Harvard law professor who undoubtedly knows these rules, it’s clear she is just trying to fool the public to give her their vote because she could never pull this plan off.

Comments (26)

  1. It’s remarkable for me to have a site, which
    is valuable for my experience. thanks admin

  2. Thank you Jon , you are a great actor and patriot. I love love love President Donald Trump and know that he will win the 2020 election.

  3. Warren is UN-CONSTITUTIONAL and a danger to our republic.

  4. Warren is another wacko who needs to resign or forced to resign! She is no good for our country!


  6. What she is proposing will punish people who lived frugally and saved their money in order to not be a burden on society when they are older and less able to work. We are working class doing hard physical labor that is starting to wear us down as we approach our 60’s. However we are very frugal and in a couple of years should have enough money in our retirement accounts to continue living our frugal, family orientated lifestyle.

  7. Warren can take her millions and give it to IRS. She just a big mouth piece of trash. She would made sure her millions would not be touch. Anyone voting for this disgraceful person is totally insane. She is not only going after the rich ,she going after the middle class. That’s what liars do.

  8. If you offer free child care, there will be people abusing it. Just dropping off their kids because they want to be free to do what they want.

  9. It’s not a plan…it’s a scheme

  10. The Pocahontas (lying sack of shit) is at it again just as mentally deranged as the rest of the NAZI commie Liberal Demoncrats! Deep State, Pelosi, Waters, Schumer, Hollywood, Academia, Fake News, Swamp News and you know the rest!

  11. PROBLEM? Eventually the money pit runs dry! Then where does all the money come to fund these grandeur ideas?

  12. She’s perpetuating the pipe dream that the “Squad” is pushing. Free medical, free free education, free everything. The rich can afford it. And how long does she think that would last? Not to mention that it is illegal., unconstitutional! But so many people eat that BS up. And everything that has happened that doesn’t fit in to their idea of what’s right, is Trump’s fault!
    These people need to pull their heads out of their @$$ and do a reality check! Because what has made this country great is the ability of the people to start their own businesses. Pay for their college education and become inventors, academicians, etc. This would deter the people from wanting to achieve success.

  13. Make politicians work for free. We would save Trillions.


  15. Most of those that would be voting for her have little income and no wealth so they would like anything that takes more money from those that have been successful. She like many of the Dems count on their voters to be poorly informed and would certainly not understand many of her high brow complicated policies. Most of them get their news from sources that will be happy with these ideas to tax the rich more to take care of those that do not or will not work and try to expand the redistribution systems started by Obama.

  16. of course. she hopes to fool people int voting for her, knowing this will not happen.

  17. Willing to say and do just about anything for a damn vote,,,RIGHT LIZZIE POCAHONTAS? LY’in SLEZY DIRTBAG! Damn these slimy Dirtbag Dems Liars!

  18. who would be more stupid? Warren for this proposal or anyone who would subscribe to it?

  19. I am curious whether anyone can point out a situation where democrat/communists cared whether their actions were constitutional?

  20. Warren and these other Democratic politicians never let a ‘little’ thing like the US Constitution stand in the way of what they consider a perfectly good theory. Everything the Democrats are proposing is for one purpose and one purpose only. They want the entire population of the United States to be dependents of the federal government. Under the Democratic plan, the individual would not be allowed to make decisions affecting his/her own lives or that of their family. We would all be controlled by ‘big brother’.

    Now, I am not one who believes that the people of our country want or need another civil war. But, just how many red-blooded Americans are going to let these Democratic idiots confiscate everything we have worked and slaved for over the years? I am now an old man and probably will not live to see such a catastrophe take place, but I have children, grandchildren, and great grandchildren who would be affected by such laws.

    If policies such as this does not scare the hell out of right thinking Americans all I can say is “GOD save our country”.

  21. Hey Warren.Taxes in General are Un- Constitutional!!!!!

  22. Warren is going to bankrupt America for her personal gain and all the while she will remain extremely wealthy. If she becomes President, we all can sue her for our money back, even thou there will not be enough money to give back and then we will remain bankrupt. But, we can sue her before she wins the Presidency and stop her cold! Her mind is so deranged. All she thinks about is herself. What a shame these Dem’s are campaigning. They do not want to do ANYTHING for the already existing American citizens. The Mexican/s are more important than we are to them. The campaigners have nothing to show for being there in the first place. Joe Biden has ties to Russia from his Vice Presidency! Did you know that the word vice in the dictionary means: An immoral practice or habit. Depravity, corruption A flaw or blemish. And Substituting for and One substituting for another. Kinda scary, huh! Kamala has had all of her background redacted so no one can find out her past and she did a lot of illegal things as Prosecutor. The rest of them – well there is nothing in their heads to say about!

  23. Quote: “…and personal property with a value of $50,000 or more.” Who determines the value of personal property? One appraiser might give a value of 50,001 dollars for a particular diamond necklace while another appraiser gives a value of 49.999 for the self same necklace. Also what happens if the property in question is assigned a value of 75,000 and taxed as such. But the owner sells the item 5 years later and only gets 30,000 for it. Will he be able to collect the 5 year’s worth of taxes that he should not have paid? I can foresee the government spending more money to defend this tax in court if ever enacted than the tax will collect.

  24. Warren needs to be Baker Acted or-shot dead!


  26. I don’t support Elizabeth Warren’s Wealth Tax, but I do strongly believe that we should have a graduated income tax that should prevent this nation’s wealth from rising to the top 1%, which has been happening for DECADES! Currently, the highest tax rate for the wealthiest wage earners in this country is HALF what it was when John Kennedy was president. For those who aren’t good at math, a BILLION DOLLARS IS 1,000 MILLION, and the richest 1% of Americans now possess between $50 BILLION AND $100 BILLION. That is such an obscene amount of wealth, they can buy any politician, and influence our laws in ways our Founding Fathers could never have imagined, let alone would have condoned. The worst part is, it is the wealthiest Americans who are demanding ever increasing numbers of cheaper foreign workers, want our borders to be open to unlimited illegal aliens, and plan to reduce the number of American jobs by 70% in the next 15 years! Their demands are positively obscene, and Americans must stop them by delivering such a crushing victory to President Trump and the Republicans in 2020, that RINO’s like the Koch brothers and Demonrats like heads of our largest tech monopolies will be fearful of peering over the tops of tables during Congressional hearings.

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