@cmuratori constitutional law professor Casey: is this proposed unrealized gain nonsense in violation of the 16th amendment?
It's all kind of a mess. I guess that's just what happens after ~250 years.
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Very much so. There was a historical process with material interests & contingent factors (like free real estate) all long since past, so I think it’s silly if one were to hold the immortal science of federalism in reverence except in a weak “if it ain’t broke” sense.
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And I probably think there are more degrees of freedom within this existing framework than you do, but questions of its justification aside, it’s obviously useful to know the rules, even just to know when politicians are selling you a bill of goods. Pretty much all of them do it!
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