posted on Apr, 5 2010 @ 12:28 AM
So if there is a carbon tax and or cap and trade becomes law here's a possible legal counterattack.
Get it declared a property tax.
Property taxes are considered part of a class of taxes called direct taxes. And Article 1 sec. 9 para. 4 requires that they be Enumerated.
No capitation, or other direct, Tax shall be laid, unless in Proportion to the
Census or Enumeration herein before directed to be taken.
The tax is figured out by population and then the states are assesed the taxes. So even if a tax went through that process it's still possible the
states would not apply the taxes to carbon production. The tax would then have no point. Which was the intended purpose of the constitutional
convention. To keep political considerations out of the direct tax arena. Direct taxes are only for revenue generation.
And the simple way to get these carbon taxes derailed is to own the land that produces the energy being taxed. Carbon has no value so carbon taxes
don't qualify as either income taxes or excise taxes. Own the ground and they are automatic property taxes.
[edit on 5-4-2010 by ntech]