Article 1 Section 9

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  • #20827

    How would you explain the clause in Article 1 Section 9 that says, “No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken”? I am having a difficult time explaining it to others. Also, from how I understand it, would that make the Estate Tax unconstitutional? As well as Obamacare’s individual mandate that the SCOTUS accepted was a tax?


    It means that direct taxes are to be apportioned among the states according to their populations.

    Yes, the Federal Government does now essentially ignore this provision in regard to several types of taxation.

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