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The New Coffee Room

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  3. State AGs say not so fast to relief bill provision

State AGs say not so fast to relief bill provision

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  • MikM Offline
    MikM Offline
    Mik
    wrote on last edited by Mik
    #1

    The provisions says states cannot use these funds to cut taxes. State AGs say it is unconstitutional, that the federal government has no power to dictate state tax policy. I would have to agree, even though I doubt many if any states would cut taxes in this environment. Still a good idea to draw the line between state and federal authority.

    https://www.cincinnati.com/story/news/politics/state/2021/03/17/ohio-attorney-general-dave-yost-lawsuit-coronavirus-tax-cut-mandate/4734960001/

    “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

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    • jon-nycJ Offline
      jon-nycJ Offline
      jon-nyc
      wrote on last edited by
      #2

      Yep, that sounds right to me.

      You were warned.

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      • AxtremusA Offline
        AxtremusA Offline
        Axtremus
        wrote on last edited by
        #3

        A very simple solution for the states that want to cut taxes is to do so without using the federal relief funds, or not take any federal relief fund at all.

        Just think of it as a contract between the federal government and the states that says “for accepting these federal funds, you agree to X, Y, Z” and there would be no constitutional issue.

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        • MikM Offline
          MikM Offline
          Mik
          wrote on last edited by
          #4

          You miss the point, which is that the federal government does not have the right to dictate state tax policy. Workarounds do not resolve that issue.

          “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

          George KG 1 Reply Last reply
          • AxtremusA Offline
            AxtremusA Offline
            Axtremus
            wrote on last edited by
            #5

            You misunderstand the nature of the matter. The federal government does not dictate state tax policy in this case, merely giving the states choices — accept certain conditions that come with certain federal funds, or not accept any such fund and be free from any attendant conditions.

            Like Title IX, Constitutionally the federal government cannot dictate states’ education policies, so Title IX gives them a choice — accept certain conditions that come with Title IX funds, or not accept any Title IX fund and be free from any attendant Title IX conditions.

            MikM 1 Reply Last reply
            • MikM Mik

              You miss the point, which is that the federal government does not have the right to dictate state tax policy. Workarounds do not resolve that issue.

              George KG Offline
              George KG Offline
              George K
              wrote on last edited by
              #6

              @mik said in State AGs say not so fast to relief bill provision:

              You miss the point, which is that the federal government does not have the right to dictate state tax policy. Workarounds do not resolve that issue.

              Yes, but the federal government can certainly strong-arm the states. Look at the speed limit wars late 1970s.

              "Now look here, you Baltic gas passer... " - Mik, 6/14/08

              The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

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              • MikM Offline
                MikM Offline
                Mik
                wrote on last edited by
                #7

                And that should not happen either. It is exactly why I oppose the federal government snaking its tentacles around the states.

                “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

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                • AxtremusA Axtremus

                  You misunderstand the nature of the matter. The federal government does not dictate state tax policy in this case, merely giving the states choices — accept certain conditions that come with certain federal funds, or not accept any such fund and be free from any attendant conditions.

                  Like Title IX, Constitutionally the federal government cannot dictate states’ education policies, so Title IX gives them a choice — accept certain conditions that come with Title IX funds, or not accept any Title IX fund and be free from any attendant Title IX conditions.

                  MikM Offline
                  MikM Offline
                  Mik
                  wrote on last edited by
                  #8

                  @axtremus said in State AGs say not so fast to relief bill provision:

                  You misunderstand the nature of the matter. The federal government does not dictate state tax policy in this case, merely giving the states choices — accept certain conditions that come with certain federal funds, or not accept any such fund and be free from any attendant conditions.

                  Like Title IX, Constitutionally the federal government cannot dictate states’ education policies, so Title IX gives them a choice — accept certain conditions that come with Title IX funds, or not accept any Title IX fund and be free from any attendant Title IX conditions.

                  National relief should not come with that kind of strings attached.

                  “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

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