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To: DaveInDallas

“They do have different rates when they earn money in different brackets, but the rules are the same for everyone”

Huh? If one person is taxed at one rate and another another, obviously the rules are not the same. I might as well say that if black people’s income is taxed at ten percent and white people’s at fifteen the same rules apply, because it is ten for blacks and fifteen for whites whether you’re black or white. That’s nonsensical.

“SCOTUS has ruled in the past that graduated tax rates are fine”

Bad form. I couldn’t win the argument that racial segregation in public schools violates the 2nd amendment by saying SCOTUS struck it down with Brown. You know that whatever SCOTUS ruled they didn’t argue like you that progressive rates aren’t unequal. They’d say there is legitimate state interest in discriminating. Or they’d do what they usually do and say it fails the “strict scrutiny” standard, whereby it only strikes down laws that affect minority groups, voting rights, and their preferred sections of the Bill of Rights.

Needless to say just because SCOTUS doesn’t recognize economic classifications as worthy of 14th amendment smackdowns doesn’t mean they aren’t (psst, they’re wrong a lot).


92 posted on 09/26/2012 8:52:50 AM PDT by Tublecane
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To: Tublecane
If one person is taxed at one rate and another another, obviously the rules are not the same.

My married neighbors have a boat. I don't. If the government decides to tax boats, is the tax unconstitutional because they pay and I don't? No. Why? Because it is equally applied -- if I buy a boat, I would be subject to the same tax.

My married neighbors have income above $388,350. I don't. If the government decides to tax income above $388,350 at a 35% rate, is the tax unconstitutional because they pay and I don't? No. Why? Because it is equally applied -- if I had income above $388,350, I would be subject to the same tax.

See, equal protection under the law. The fact that a law may affect one group of people (like "the rich" or murderers) differently than another group of people (like "the poor" or law-abiding citizens) doesn't make it unconstitutional.
105 posted on 09/26/2012 9:43:20 AM PDT by DaveInDallas
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