They’re concerned about the precedent set if they allow taxation to be included as part of regulatory powers. If they allowed this, then precedent is set for the next Dem president to come in and just start taxing companies that don’t align with their policy goals. So something like taxing carbon emissions no longer needs Congressional approval.
For anyone wondering, the three “justices” who sided with trump were Kavanaugh, Thomas, and Alito.
No surprises there. If anything, Roberts, Gorsuch, and Barrett ruling against him is the surprise. It’s a win for constitutional rule of law.
They’re concerned about the precedent set if they allow taxation to be included as part of regulatory powers. If they allowed this, then precedent is set for the next Dem president to come in and just start taxing companies that don’t align with their policy goals. So something like taxing carbon emissions no longer needs Congressional approval.
True. Also, giving tax powers to a “unitary executive” is literally taxation without representation.
There’s a reason it’s in the purview of congress.