Is a California exit tax constitutional?

[Bill.in.PA]

There are recent proposals for an exit tax on high-income residents who leave California. For details see:

http://www.conservativecrusader.com/...-departure-tax

If enacted, California would follow in the footsteps of the old Soviet Union and East Germany in taxing people who leave the state.

Would a tax like this violate the US Constitution based on interstate commerce?

There is nothing in the US Constitution that specifically addresses the rights Americans to freely move from one state to another. My understanding is that right was spelled out in the Articles of Confederation, but was not included in the US Constitution explicitly. Would the right of freedom of movement be covered under the 9th or 10th amendments?

[AmericanFirst]

There are recent proposals for an exit tax on high-income residents who leave California. For details see:

http://www.conservativecrusader.com/...-departure-tax

If enacted, California would follow in the footsteps of the old Soviet Union and East Germany in taxing people who leave the state.

Would a tax like this violate the US Constitution based on interstate commerce?

There is nothing in the US Constitution that specifically addresses the rights Americans to freely move from one state to another. My understanding is that right was spelled out in the Articles of Confederation, but was not included in the US Constitution explicitly. Would the right of freedom of movement be covered under the 9th or 10th amendments?

Maybe this is what it takes for the gubmint to build a wall quickly!

Seriously, the Constitution limits the power of the federal government. It does not grant all the rights we have. It does not have to be explicitly covered.

[Cratic3947]

The left thinks the govt owns us...

[AmericanFirst]

The left thinks the govt owns us...

Until people say no, they do.

[Crystal]

I love this idea. Make the tax 75% across the board and no other state will have to worry about anyone moving from CA to their state to destroy it like they did with CA.

[jezcoe]

2008? This was 2008 and it didn't get enough signatures to get on the ballot.

[Dr BloodMoney]

Fear runs a long time with some conservatives..... 2008, that is funny.

[Jagergeist]

I've done that before, use links that I didn't realize were months or years out of date. Guess it happens to everyone.

Good rant though!

[baycruiser]

I love this idea. Make the tax 75% across the board and no other state will have to worry about anyone moving from CA to their state to destroy it like they did with CA.

Isn't this essentially holding CA residents hostage? What about those undocumented settlers ?(we aren't allowed to use the term illegal aliens any more are we?) Will thet be taxed too upon exit? Then CA guarantees itself a bleeding economy because if anyone is going to bleed the gov't dry it's the undocumented settlers.

[Dr BloodMoney]

Isn't this essentially holding CA residents hostage? What about those undocumented settlers ?(we aren't allowed to use the term illegal aliens any more are we?) Will thet be taxed too upon exit? Then CA guarantees itself a bleeding economy because if anyone is going to bleed the gov't dry it's the undocumented settlers.

No, it's a 4 year old article about a maybe proposal that evaporated....

[Bill.in.PA]

No, it's a 4 year old article about a maybe proposal that evaporated....

Here is a more-current article:


http://www.realclearmarkets.com/arti...ns_100047.html

[jezcoe]

Here is a more-current article:


http://www.realclearmarkets.com/arti...ns_100047.html

Nice thought experiment but is anyone actively pursuing it or is it lunging at shadows?

[Dr BloodMoney]

Here is a more-current article:


http://www.realclearmarkets.com/arti...ns_100047.html

That is a speculative Blog. Nothing more. "what ifs" are nice and they make good fodder for blogs. But that's about it.

[baycruiser]

No, it's a 4 year old article about a maybe proposal that evaporated....

How many times and years did we revisit the AHA bill and finally got it passed into law? Just because it's an old proposal it doesn't mean it has no life left.

The state of CA is hungry for new money, I wouldn't put it past the Democrat dominated Assembly to pass this thing and ol'Jerry Brown will sign it in a trice.

[Dr BloodMoney]

How many times and years did we revisit the AHA bill and finally got it passed into law? Just because it's an old proposal it doesn't mean it has no life left.

Simple find a CA Dem politician that is proposing it. Then show where the CA Dem party supports it. Then show where a bill has been proposed and submitted.

See, that is how things work in the real world. As opposed to Blog worlds.