- cross-posted to:
- nyt_gift_articles@sopuli.xyz
- cross-posted to:
- nyt_gift_articles@sopuli.xyz
The Trump administration plan is apparently to use such a lawsuit to eliminate the power of Congress to control spending. Hopefully the courts aren’t that far gone yet.
Your comment made me wonder what taxes the federal government collects from state governments. As far as I can tell, the IRS does not collect from state governments, but does collect from the residents and businesses of a state.
So while I agree that these states should fight back, I don’t think they have any payments that they could withhold. I hope they find a variety of other ways to fix this though.
Maybe its time that leaders of those states get a bill proposed/passed that would bar the federal government from levying/collecting any type of tax on an individual who is a resident of that state; if the federal government breaks certain terms…
Article 1, sec. 8, clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; . . .
And the tenth amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Such a law as you propose would be unconstitutional and the state government could not protects its citizens from the consequences that would come from withholding their taxes. While we’re talking about taxes here, the tenth amendment is also what protects citizens in deep red states from their oppressive state governments (despite their best efforts).