Timeline for At what point does a tax become a ban?
Current License: CC BY-SA 4.0
14 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Feb 22 at 19:30 | comment | added | ohwilleke | @A..R. No time to consider or respond at the moment but the link to the 1901 case for anyone interested is supreme.justia.com/cases/federal/us/182/244 | |
| Feb 22 at 19:09 | comment | added | OpenAI was the last straw | @ohwilleke Under Downes v. Bidwell, the entire Constitution does not apply to the governance of American Samoa and other "unincorporated" territories, except possibly for provisions related to "the liberty and property of the citizen." There is no precedent for whether all or any provisions of the 2nd Amendment fall under that exception. | |
| Feb 22 at 17:56 | comment | added | ohwilleke | @A.R. American Samoans don't benefit from birthright citizenship under the 14th Amendment, but that doesn't mean that the constitution doesn't apply there. The case I was reaching for, however, was Murphy v. Guerrero casetext.com/case/murphy-v-guerrero arising in the Northern Mariana Islands. | |
| Feb 22 at 17:10 | comment | added | OpenAI was the last straw | @ohwilleke It probably wouldn't be American Samoa, since the Constitution isn't presumed to apply there unless something has changed quite recently. (DC, PR, USVI, CNMI, Guam, and the uninhabited Midway Island all have special laws that say that the Constitution does apply in those places, but AS does not.) | |
| Feb 22 at 17:09 | comment | added | OpenAI was the last straw | Wow. An "Association of Tobacco and Candy Distributors" is not at all a problematic thing to have exist. /s | |
| May 25, 2023 at 20:10 | comment | added | ohwilleke | The was a fairly recent case maybe out of Hawaii or Guam or American Samoa where a gun tax was held to be unconstitutional due to the Second Amendment. | |
| May 25, 2023 at 18:52 | comment | added | hszmv | @TigerGuy: In those cases, U.S. courts have held that the restriction must be the least intrusive method to achieve the legitimate and compelling government interest. It should also be noted that almost all restrictions on speech are content neutral restrictions and there is no words or ideas that are out right banned. | |
| Apr 26, 2023 at 7:15 | comment | added | phoog | "there is no specific dollar amount that is deemed to be legally "excessive"": while there may not be a specific threshold where a fine becomes excessive, there are certainly fines that would unambiguously be excessive. For example, a fine of half a billion dollars for a first-time offense of failing to declare the import or export of $11,000 would be excessive. | |
| Apr 25, 2023 at 21:33 | comment | added | bdb484 | Do you have any authority for the proposition that such a tax would be subject to strict scrutiny? Infringements of many constitutional rights are analyzed under much more forgiving standards. | |
| Apr 25, 2023 at 21:07 | comment | added | Someone | @TigerGuy there may be a legitimate interest in banning certain types of guns, but not in banning all guns or all gun sales. | |
| Apr 25, 2023 at 20:59 | comment | added | Tiger Guy | Rights are abridged all the time, and political speech has been prohibited in the past. You can't buy new machine guns despite "shall not be abridged." | |
| Apr 25, 2023 at 20:29 | comment | added | Someone | @TigerGuy is there a legitimate government interest in prohibiting political speech? A legitimate government interest in conducting unreasonable searches? In mandating a religion? There can't be a legitimate government interest in prohibiting something to which the Constitution guarantees a right. | |
| Apr 25, 2023 at 20:14 | comment | added | Tiger Guy | "There is no "legitimate government interest" in prohibiting sale of firearms," what? | |
| Apr 25, 2023 at 17:37 | history | answered | user6726 | CC BY-SA 4.0 |