Carbon Taxes Unconstitutional.

Something for the Carbon taxes and Cap and Trade when it comes up this fall.

They are Unconstitutional. Heres the reason.

They are a federal property tax. And federal property taxes are banned by Article 1 sec 9 para 4.

No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

Property taxes are considered direct taxes. And the defination of a property tax is a tax on the land or on the produce of the land. A tax on carbon production meets that defination if the power companies being taxed merely have an ownership interest in the oil wells or coal mines producing the energy.

And for those of you who want to bring up the 16th amendment, well there is a problem. It only applies to income taxes. In this case it does not apply. Along with the legal rulings that are based on it.

To me it looks like the government is about to fall in the same hole that killed the 1894 income tax act.

See the link.
en.wikipedia.org...'_Loan_%26_Trust_Co.

And you can't base a income tax on it. Carbon has no value.

Opinions anyone?