Property Spring 1995 William Nelson Chapter I: The Power of Legislatures to Allocate Wealth


Chapter II: Taxation as a means of Allocating Wealth



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Chapter II: Taxation as a means of Allocating Wealth
I. The Nelsonian Overall: validity of a taxation derives from the

police power of the state as per regulation


A. rational basis test: the means of the law must be rationally

related to the law's objectives (although it may tax something

out of existing); or
B. taxes need to be uniform to a given class of people

1. there is legitimate police power objective at stake (as in



Quaker City); or

2. the interests of customarily protected groups are at stake

(charities, churches, schools, golf courses, farm etc.) or;

3. the tax or regulation is administratively convenient


II. Base Cases: taxation towards redistribution


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