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cmuratori's profile
Casey Muratori
Casey Muratori
Casey Muratori
@cmuratori

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Casey Muratori

@cmuratori

I'm worried that the baby thinks people can't change.

Seattle
caseymuratori.com
Joined March 2009

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    1. Shawn McGrath‏ @sssmcgrath Oct 27

      @cmuratori constitutional law professor Casey: is this proposed unrealized gain nonsense in violation of the 16th amendment?

      2 replies 0 retweets 0 likes
    2. Casey Muratori‏ @cmuratori Oct 27
      Replying to @sssmcgrath

      I have literally zero experience with 16th Amendment law. It would be interesting to study. I assume that https://supreme.justia.com/cases/federal/us/252/189/ … would be the starting point, which would seem to imply that until you realize a gain, it is not income.

      1 reply 0 retweets 1 like
    3. dundarious  🇵🇸‏ @dundarious Oct 27
      Replying to @cmuratori @sssmcgrath

      Property tax already exists and seems quite analogous.

      1 reply 0 retweets 0 likes
    4. Casey Muratori‏ @cmuratori Oct 27
      Replying to @dundarious @sssmcgrath

      The federal government is prohibited from collecting property tax unless it then gives the collected tax back to the States in proportion to their population. They would not, as far as my Constitutional knowledge goes, be allowed to use it to fund any Federal programs.

      2 replies 0 retweets 0 likes
    5. dundarious  🇵🇸‏ @dundarious Oct 27
      Replying to @cmuratori @sssmcgrath

      Fair enough, I wasn’t aware of any of that so it appeared more analogous than it really was, because it seems only state governments can do such things.

      1 reply 0 retweets 0 likes
    6. Casey Muratori‏ @cmuratori Oct 28
      Replying to @dundarious @sssmcgrath

      One of the major problems with American politics is that unless you go to law school you are never really taught how Federalism actually works :( It causes huge understanding gaps, esp. for SCOTUS, whose decisions reporters (and the public) constantly misunderstand.

      1 reply 0 retweets 0 likes
    7. Casey Muratori‏ @cmuratori Oct 28
      Replying to @cmuratori @dundarious @sssmcgrath

      It is made worse by the modern interpretations of the 14th Amendment and Commerce Clause, which have given the Federal government powers they probably never were intended to have, which makes them seem like an unlimited authority when they are in fact limited.

      1 reply 0 retweets 0 likes
    8. Casey Muratori‏ @cmuratori Oct 28
      Replying to @cmuratori @dundarious @sssmcgrath

      It's all kind of a mess. I guess that's just what happens after ~250 years.

      1 reply 0 retweets 0 likes
    9. dundarious  🇵🇸‏ @dundarious Oct 28
      Replying to @cmuratori @sssmcgrath

      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.

      1 reply 0 retweets 0 likes
    10. dundarious  🇵🇸‏ @dundarious Oct 28
      Replying to @dundarious @cmuratori @sssmcgrath

      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!

      1 reply 0 retweets 0 likes
      Casey Muratori‏ @cmuratori Oct 28
      Replying to @dundarious @sssmcgrath

      I actually think Federalism was critically important, and to be honest, I think probably if America does end up in permanent decline, it will be because of the fact that we've largely done away with it, even if that was nobody's specific intention.

      1:36 PM - 28 Oct 2021
      1 reply 0 retweets 0 likes
        1. dundarious  🇵🇸‏ @dundarious Oct 28
          Replying to @cmuratori @sssmcgrath

          I just don’t think it was a grand design created methodically from first principles by the founders, so we should follow their publicly stated logic to this day. Even if it was, again, material factors and historical contingencies change. Our agency now is as great as theirs then

          0 replies 0 retweets 0 likes
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