Available Now! (click cover)

America's Counter-Revolution
The Constitution Revisited

From the back cover:

This book challenges the assumption that the Constitution was a landmark in the struggle for liberty. Instead, Sheldon Richman argues, it was the product of a counter-revolution, a setback for the radicalism represented by America’s break with the British empire. Drawing on careful, credible historical scholarship and contemporary political analysis, Richman suggests that this counter-revolution was the work of conservatives who sought a nation of “power, consequence, and grandeur.” America’s Counter-Revolution makes a persuasive case that the Constitution was a victory not for liberty but for the agendas and interests of a militaristic, aristocratic, privilege-seeking ruling class.

Friday, June 29, 2012

Court Overrules the Law of Excluded Middle

You'd think that any X is either a tax or not a tax. It's the law of excluded middle, right? The Supreme Court begs to differ. The penalty under Obamacare for not buying health insurance is a tax when the question is its constitutionality, but it is not a tax when the question is whether it violates the Anti-Injunction Act, which prohibits lawsuits against taxes before they take effect.


L. Paul Strait said...

This isn't as big a contradiction as it appears at first. The Court has ruled historically that Congress's label determines whether something is a tax under the Anti-Injunction Act, while its function determines whether something is a tax under the Taxation Clause...

Sheldon Richman said...

Okay, the Court upheld Congress's repeal of the law of excluded middle.