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17610Re: [tips_and_tricks] property tax case

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  • Don S.
    Apr 18, 2010
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      Point taken about the states. If a state allows DIRECT
      taxes upon person or property without apportionment,
      that would be the law in the state.

      But it would be problematic to the operation of the union government.

      There could be direct and immediate conflict between the two

      Hauenstein, 100 US 483 at 490.............

      "....the Constitution, laws and treaties of the US are as much a part of
      the law of every State as its own local laws and Constitution.
      This is a fundamental principle in our complex national polity."

      I have always been troubled how a state could do something the
      union government is not allowed to do, but magically you are able to
      go to the US Supreme Court to seek redress of grievance for such
      unlawful state acts.

      EXAMPLE: Congress cannot disarm the people of the several states,
      but he states can disarm their citizens!

      Congress cannot apply a DIRECT TAX unless apportioned,
      but he states can.

      See my confusion................

      At 06:02 PM 4/17/2010 -0700, you wrote:

      > All property is taxable.

      > BUT, private property requires a DIRECT TAX.

      > A DIRECT TAX must be apportioned.

      A State property tax does not need to be apportioned & the rules of apportionment / uniformity in the U.S. Constitution applicable to Congress do not bind the State legislatures. Â

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