Following Kahn (p.826) and Califano (p.829), could Congress enact a gender-based income tax rate under which men are taxed at a higher rate than women (e.g. top marginal rate for women 25% and for men 30%). Suppose Congress did so for the purpose of reducing "the disparity in economic condition between men and women" caused by the long history of societal discrimination against women?
What about a race-based income tax rate (non-whites 25%, whites 30%). Constitutional?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...