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How Far Does Congress’ Taxing Power Go?

How Far Does Congress’ Taxing Power Go?

Recapping oral arguments in Moore v. United States, about the constitutionality of the “mandatory repatriation tax”

We the People

December 8, 202355m 45s

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Show Notes

On Tuesday, December 4, the Supreme Court heard oral arguments in Moore v. United States. The case concerns a challenge to the “mandatory repatriation tax,” and asks whether the Constitution allows Congress to tax American shareholders for the unrealized earnings of a foreign corporation. In this episode, Akhil Amar of Yale Law School and Anastasia Boden of the Cato Institute join Jeffrey Rosen to break down the arguments on both sides of the case. The conversation touches on the history of taxation in the Founding era, the extent of Congressional power, and the very meaning of the word “taxation.”

 

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