Tax Law Memo Re: The Research Paper

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The case had nothing to do with taxes but rather with changes in a state probate law, but the outcome was still the decision that ex post facto laws affecting solely civil matters meet constitutional muster under Article I section 10. Subsequent rulings have reaffirmed this position of the Court and made it clear that retroactive taxation would be considered constitutionally permissible despite other objections.

Specifically, in United States v Carlton (1994) the Court determined that such retroactive tax laws do not necessarily violate the Fifth Amendment right to due process so long as there is legitimate process involved in its enactment, according to a concurring opinion written by Justice Scalia, with the majority opinion (of the unanimous vote upholding the retroactive tax in this case) creating an even broader guideline of being "rationally related to a legitimate legislative purpose."

This essentially renders and retroactive taxation, which will necessarily result from the due process of legislative consideration and action for the legitimate purpose of creating revenue for the government, within the bounds of constitutional law under the current and long-standing interpretation of the relevant clauses.

In conclusion, the passage of an estate tax retroactive to January 1, 2010 will likely not meet a constitutional challenge given the degree and breadth of the precedents set in this matter -- it is unlikely that the Supreme Court will hear a case brought on similar grounds.

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Other constitutional objections to retroactive taxation may arise, however, and may provide grounds for a renewed interest of the Court on the matter, making Court composition a much greater factor in determining law than might be desired.

26 USC Sec. 2001. (2010). Accessed via Cornell University Law School 21 April 2010. http://www.law.cornell.edu/uscode/26/usc_sec_26_00002001-000-.html

Public Law 107-16. (2001). Accessed 21 April 2010. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ016.107.pdf

US Constitution, Article I, sec. 10. Accessed via Cornell University Law Library 21 April 2010. http://topics.law.cornell.edu/constitution/articlei

Calder v Bull 3 U.S. 386 (1798). Accessed via FindLaw 21 April 2010. http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=U.S.&vol=3&page=386

United States v Carlton 512 U.S. 26 (1994). Accessed via Cornell University Law Library 21 April 2010. http://www.law.cornell.edu/supct/html/92-1941.ZC1.html.....

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