Is Elizabeth Warren’s Wealth Tax Constitutional?

Brian Cahn/ZUMA

Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily.

The contest to propose the most progressive tax plan possible got kicked up a notch today:

Sen. Elizabeth Warren (D-Mass.) will propose a new annual “wealth tax” on Americans with more than $50 million in assets, according to an economist advising her on the plan, as Democratic leaders vie for increasingly aggressive solutions to the nation’s soaring wealth inequality.

Emmanuel Saez and Gabriel Zucman, two left-leaning economists at the University of California, Berkeley, have been advising Warren on a proposal to levy a 2 percent wealth tax on Americans with assets above $50 million, as well as a 3 percent wealth tax on those who have more than $1 billion, according to Saez.

On a substantive basis, I don’t know if I favor this or not. But before I spend any time thinking about it, can someone tell me if it’s even constitutional? The 16th Amendment allows the federal government to levy direct income taxes, even if the income is derived from real or personal property, but a direct federal tax on property itself is still forbidden by the Constitution unless it’s proportional to the population of each state—which I’m sure is something Warren doesn’t have in mind.

But nobody seems to be mentioning this. Am I missing something?

Take the next step: Help us fight for the truth.

Investigative journalism, like the story you just read, takes time to do. Months of research. Weeks of writing, editing, and fact checking—and putting together the photography, art, video, and audio that tell the stories in a new way, illuminating new perspectives and voices.

We can afford to take that time because we don’t report to an oligarch or corporation with a special agenda. We report to you, and for you. That’s why we unabashedly pursue the truth and relentlessly shine a light into the darkness.

In this month’s Summer Membership Drive, we’ve got to raise $200,000 to support more crucial investigations. This is a pivotal moment in our nation, with democracy on the line, and we can only do this work because readers like you step up. Every donation, of any amount, makes a difference here. We cannot do this work without you.

So, we’re asking: Will you support independent journalism that demands those in power answer for their actions?

Take the next step: Help us fight for the truth.

Investigative journalism, like the story you just read, takes time to do. Months of research. Weeks of writing, editing, and fact checking—and putting together the photography, art, video, and audio that tell the stories in a new way, illuminating new perspectives and voices

We can afford to take that time because we don’t report to an oligarch or corporation with a special agenda. We report to you, and for you. That’s why we unabashedly pursue the truth and relentlessly shine a light into the darkness.

In this month’s Summer Membership Drive, we’ve got to raise $200,000 to support more crucial investigations. This is a pivotal moment in our nation, with democracy on the line, and we can only do this work because readers like you step up. Every donation, of any amount, makes a difference here. We cannot do this work without you.

So, we’re asking: Will you support independent journalism that demands those in power answer for their actions?

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

INDEPENDENT. BECAUSE OF YOU.

Mother Jones has no billionaires calling the shots—just readers like you making fearless reporting possible

Donate