Monday, May 4, 2009

Are Fed Excise taxes and State Taxes legal

Is the current Tax on Cigarettes, Alcohol, and any other Federal or State tax applied to a product produced by one state and sent to another LEGAL?

Article 1 of the Constitution, Section 9 includes the following statements:
No Bill of Attainder or ex post facto Law shall be passed.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

These Statements in Article 1 of the Constitution have no amendments abrogating their enforcement.

As stated in the common language, do these statements negate State and Federal taxes on Cigarettes, Alcohol, and any other product produced in one state and shipped to another?

For discussion. Please comment.



  1. Well...

    Article I, Section 8, Clause 3:
    “The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes..." Furthermore, Clause 18 provides: "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

    --- so I would say, No.

  2. I really appreciate your comment. It has merit, however, when conflicting arguments are made the Supreme Court has the final say. I think no one is willing to test this issue of unfair taxation on only a targeted group of people.

    I hope this brings more discussion!

    There are many areas of the Constitution that seem to conflict and I would like to see more comments on this issue as well as others I have posted.

    Let's stir the pot a bit!

  3. Your post references regulation and make laws, but the Constitution is clear in the statement MAKE NO BILL, NO TAX, AND NO PREFERENCE IN ARTICLE 1 SECTION 9.