Federalism and State Taxes

A Wall Street Journal editorial opens with this:

One great benefit of America’s federalist Constitution is policy competition among the states. Voters in Florida don’t have to live under New York’s laws, and Americans and businesses can vote with their feet by moving across state lines.

The editors proceeded to a description of State-level tax laws and the mobility of us Americans and our businesses in leaving States with high taxes in favor of States with, often markedly, lower taxes. But that lede overstates the case.

Federalism applies, often, with State taxes, but State-level business regulations are a different matter. It’s only necessary to see the outsize impact on our auto industry, for instance, or our pork industry, that California’s regulations have on vehicle requirements and on how hogs must be raised to see the lack of federalism in our regulatory environment.

With specific regard to California’s fuel requirements, there’s this from the Federal government’s EPA:

The Clean Air Act allows California to seek a waiver of the preemption which prohibits states from enacting emission standards for new motor vehicles.

The Federal government has long granted that waiver, and during the Biden administration, the feds made their latest move—overtly to refuse to rescind the waiver, effectively nationalizing a State regulation at the expense of federalism.

On the California’s hog-raising regulation, the Supreme Court upheld that regulation, which mandated the minimum space in which hogs must be raised, anywhere in the United States, in order for them to be marketable in California. The Court nationalized this State-level regulation—again at the expense of federalism.

If we’re going to preserve our federalist structure of governance, federalism must be restored to State regulations, as well as State-level taxes. Don’t look for any of that to happen under any Progressive-Democratic Party-dominated Federal government, though.

Racing to the Bottom

So far, Ireland is winning, and that’s paying off big for the Irish.

In the past eight years, the country of five million has watched its corporate tax income triple to the tune of 22.6 billion euros last year, equivalent to almost $24 billion—giving it a budget surplus last year of a comfortable €8 billion euros when many governments are suffering from a postpandemic debt hangover.

And

Ireland became a hot spot for US companies by slashing its corporate tax rate from 40% to 12.5% starting in the late 90s, and offering a well-educated workforce and a tariff-free way into the European Union.

That’s a lower rate than the European Union wants, and it’s lower than the 15% tax, globally applied and agreed among some 136 countries, and that Yellen is so desperate to get the US trapped into.

The Irish, though, are raking in the tax revenues because of—not despite—their lower tax rate regime: they’re leaving business’ profits increasingly in the hands of those businesses for business use, they’re attracting foreign businesses, and all that lower tax-induced increasing economic activity produces, on net, more revenue for the Irish government.

This is the wealth and prosperity that Progressive-Democrat President Joe Biden, his Progressive-Democrat Treasury Secretary Janet Yellen, and the rest of the Progressive-Democratic Party cronies want to deny us ordinary Americans as they demand United States’ participation in a global tax cabal that lets the cabal avoid economic competition in favor of power.

One more thing: the Irish are considering throwing all of their prosperity into a cocked hat in favor of joining the high-tax cabal; they’ll do that at their own severe economic peril.

SEIA’s Response to Bidenomic’s Tariffs

The Wall Street Journal‘s editors correctly noted the internal—and intrinsic—contradictions in the Biden administration’s “renewable” energy demands and its trade policy. The administration is pushing ever harder to shift our economy, for good or ill (mostly ill IMNHO), to energy sourced to non-carbon-based, but renewable only—nuclear need not apply—producers. Then comes Gina Raimondo, Commerce Secretary, and her decision, backed by that same Joe Biden, to apply tariffs as high as 254% to solar power-related products imported from five People’s Republic of China enterprises, never minding that these companies are American domestic solar power producers’ primary sources of the needed articles.

But the Solar Energy Industries Association’s whine about the administration’s tariff policy leaped out at me.

It will take at least three to five years to ramp up domestic solar manufacturing capacity and the global supply chain will be vital in the short-term.

But would SEIA’s members actually ramp up domestic production without the tariffs, or would they simply continue buying from an enemy nation? SEIA is being disingenuous.

I’m not convinced that Commerce’s tariffs are the way to go—in general, they’re being applied as protectionist barriers rather than as foreign policy tools, and Commerce’s tariffs here are no exception—but SEIA’s plaints seem nothing more than excuse-making. After all, those members already have had those three to five years, and more, during which to ramp up domestic solar manufacturing capacity, and they’ve chosen not to do so.

A Thought on SALT Deductions

New York Republican Congressman John Tamny had an op-ed in the Wall Street Journal early last week in which he advocated enthusiastically for raising the ceiling on the deduction of State and Local Taxes from Federal income taxes. That deduction currently is capped at $10,000, and Tamny worries that that works a hardship on his constituents, since despite their high incomes, those folks aren’t really all that rich. New York’s high taxes and prices already work to reduce those folks’ relative wealth.

A WSJ reader responded in WSJ‘s Sunday Letters section.

The five New York Republicans in Congress take a page from the Democratic playbook to defend changing the SALT cap (Letters, Aug. 15), “especially since New York continues to be a donor state, paying more in federal taxes than it receives from Washington.”
When did that become the objective? They make it sound like the role of the federal government is to redistribute all funds in a fair and equitable manner. Sorry guys, we send our tax dollars to Washington to pay for essential services like national defense, not to have it parceled out again to the states in equal portions.

It’s true enough that Tamny and his fellow New York Republican Congressmen (all Congressmen, come to that) have to represent his—their—constituents first, and even as Federal Congressmen, our nation second. But as Federal Congressmen, they do have to represent all of us at some stage.

That tension makes the Congressional Tamnys’ collective and individual jobs hard, but if they wanted cushy jobs, they should have taken positions as mattress demonstrators.

That’s not all. Another Letter writer disagreed with Tamny in a different direction.

The New York lawmakers’ argument bears considerable similarities to Mayor Eric Adams’s demands for federal assistance to take care of the illegal immigrants his city invited. Talk about moral hazard. Both amount to pleas from politicians for federal relief from the consequences of their own state or local governments’ policies and, as such, should be summarily denied.

What the letter writers said is spot on, and their words carry national, and moral, weight.

Vivek Ramaswamy’s Brief Thought on Taxation

And my brief response. Ramaswamy has said in the past that he favors an estate tax as high as 59% on his theory that passing wealth from parents to children breeds inequality and “hereditary aristocracy.” Stipulate that’s reasonably accurate: he needs to show that he’s considered other means of preventing that aristocratic development and how those alternatives are inadequate to the task.

More importantly, though, is this underlying theory of his:

I do believe in a vision of bringing income taxes as low as possible, if one could collect it back on the back end[.]

Collect what back, exactly? The money in question belongs solely to the one who has, or had, the income. Money being retained by its owner rather tautologically leaves nothing for government to “collect back” at some later time; government has lost nothing and so has nothing to regain.