We Need a Constitutional Lawyer on this Site...

[Damocles]

Anyway, here is what I would like to ask one....

1. Would a mandatory payment mandated by the federal government onto the states be considered taxation?

2. Does the constitution require that taxation be even across all states?

3. If it does, how is it possible that Nebraska alone could be forgiven for a mandatory fee proscribed by the government without it being unconstitutional?

(And just an FYI, I am not assuming unconstitutional. I am actually seeking an explanation. But I would prefer a real constitutional lawyer, not one that only taught and worked otherwise as a community organizer.)

 

[FUCK THE POLICE]

There are analysis of the constitutionality on the internet, many of them contradictory. We won't really have a definitive answer until its put before the courts.

 

[SmarterthanYou]

1. Would a mandatory payment mandated by the federal government onto the states be considered taxation?

I don't believe that there's any constitutional power to tax a state entity.

2. Does the constitution require that taxation be even across all states?

apportioned via the 16th, but this mandatory payment would be a direct tax, which violates the 16th Amendment.

3. If it does, how is it possible that Nebraska alone could be forgiven for a mandatory fee proscribed by the government without it being unconstitutional?

its not, but this is the US congress/senate attempting to expand federal power beyond that of withholding federal funding for specific legislations, like seat belt laws. Unless Nebraska is giving something in return, it's not constitutional.

(And just an FYI, I am not assuming unconstitutional. I am actually seeking an explanation. But I would prefer a real constitutional lawyer, not one that only taught and worked otherwise as a community organizer.)

fine, don't take my opinion. piss off, bugger.

 

[Cancel 2018. 3]

watermark is right, if you could have two lawyers who specialize or study/teach con law and more likely than not, depending on political leaning or other beliefs, you could end up with two different views

 

[PostmodernProphet]

watermark is right, if you could have two lawyers who specialize or study/teach con law and more likely than not, depending on political leaning or other beliefs, you could end up with two different views

only if you had two opposing parties willing to hire them.......

 

[Norman Paperman]

watermark is right...

 

[Cancel 2018. 3]

lol

 

[SouthernBelle82]

Check out Jonathan Turley. He's a Constitutional scholar and has a website. You might find some answers out there. Sorry I don't remember the URL. A simple google search will bring it up.

 

[Socrtease]

Tell me more about this question Damo? What are you referring to?

 

[FUCK THE POLICE]

 

[DamnYankee]

Anyway, here is what I would like to ask one....

1. Would a mandatory payment mandated by the federal government onto the states be considered taxation?

2. Does the constitution require that taxation be even across all states?

3. If it does, how is it possible that Nebraska alone could be forgiven for a mandatory fee proscribed by the government without it being unconstitutional?

(And just an FYI, I am not assuming unconstitutional. I am actually seeking an explanation. But I would prefer a real constitutional lawyer, not one that only taught and worked otherwise as a community organizer.)

You don't have to be a lawyer to understand that politicians, especially Democrats, have flushed the Constitution down the toilet a long time ago. It is now something to be ignored, and when brought up to confront a legislative act, be ridiculed.

 

[DamnYankee]

Tell me more about this question Damo? What are you referring to?

Harry Reid's purchase of the last of the 60 Senate Democrats.

 

[Good Luck]

Article I, section 8:

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;

I think that should answer one part of the question.