Flopper
Diamond Member
The Fourteenth Amendment Equal Protection Clause applies only to state governments, but the requirement of equal protection has been read to apply to the federal government as a component of Fifth Amendment due process.The Supreme Court has recognized that nearly all legislation classifies on the basis of some criteria, bestowing benefits or imposing burdens on one group and denying them to another. The progressive income tax, welfare, tax incentives to businesses, disaster relief, and most other legislation penalizes some group while benefiting another. No, the 16th amendment did void the equal protection clause because it does not apply.Did the 16th amendment void equal protection? Unless you can show me where it didn't, a progressive tax is unconstitutional.
Could you show me how it doesn't apply? Or are you saying it only applies to the States?
The text of the 16th amendment is "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
How can the Equal Protection Clause possibly apply to this amendment? The amendment only gives the federal government the power to levy taxes on income. It doesn't say anything about the structure of the tax or even require that it actually be levied. It just says the federal government can levy a tax on income.