In an op-ed, Erik Jensen, the Coleman P. Burke Professor Emeritus of Law, discussed why a wealth tax—despite being a current popular topic of conversation—would very likely not survive a constitutional challenge
Published by Bloomberg, his Jensen’s piece is titled “Wealth taxes can’t satisfy constitutional requirements.”
“Congress has never done anything quite like this, because it has long been recognized that, as a matter of constitutional law, Congress can’t treat unrealized appreciation as taxable income,” he wrote.