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To: DManA

RE: What good is having complete power in one state if people can just move to some other state.

Speaking of Federalism — Does California impose an EXIT TAX to those who plan to leave (i.e., no longer want to reside in) the state?


10 posted on 01/21/2013 7:39:20 PM PST by SeekAndFind
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To: SeekAndFind
Speaking of Federalism — Does California impose an EXIT TAX to those who plan to leave (i.e., no longer want to reside in) the state?

I believe that this would be unconstitutional, but given a leftist SCOTUS, I suppose it might be possible, especially once they implement an Internet sales tax...

Mark

33 posted on 01/21/2013 9:04:05 PM PST by MarkL (Do I really look like a guy with a plan?)
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To: SeekAndFind
Speaking of Federalism — Does California impose an EXIT TAX to those who plan to leave (i.e., no longer want to reside in) the state?

I think that would be unconstitutional.

Besides the 1st amendment right to peaceably assemble, Article I Section 10 Clause 2 states:


"No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States..."
My reading of this suggests that if you consider people themselves as exports, they can't be taxed beyond the cost of processing the move, and then any taxes that they do take goes to the federal government, not the state.

At least one can make the argument.

-PJ

38 posted on 01/21/2013 9:26:54 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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