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To: David

Not going to happen... state constitution requires 50 percent plus one of the voting public!


23 posted on 01/28/2005 6:15:26 PM PST by Josef1235 (My blog: http://josef-a-k.blogspot.com)
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To: Josef1235; Lexinom; Baynative; Vicki
Well I am going to answer everyone at the same time.

I believe Christine has an income tax proposal to be advanced to the legislature; perversly there are those on the dem side of the isle who think the election controversy works to their benefit on the issue.

As to Josef1235's point about the constitution, there is a view that the State Supreme Court would probably not come down that way today.

As I recall, the constitutional prohibition position relies on a 1930's case holding that an excise tax on net income of a corporation was unconstitutional. However taxes on property are ok and income is property. Not so clear that the constitution is an effective bar although obviously it would be argued.

In fact, in the early 70's, Dan and Slade considered trying to run an income tax without amending the constitution; as I recall, Slade advocated doing so fairly seriously. They also considered proposals called "Gateway" proposals pursuant to which they could incorporate a constitutional amendment in a bill for a one time vote of the people. At the end of the day, Dan and Slade had slightly more integrity than the dems--not much.

My real question was whether that issue has yet surfaced. Like one of you, if the dems handed the issue to the voters, it would be defeated. But the dems up there have a culture that the voters don't remember what happened in the last session of the legislature and would be more likely that the Pubs to adopt an income tax and try to run it without voter approval.

26 posted on 01/28/2005 6:49:49 PM PST by David
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