Bench Memos - National Review Online: "1) He explains that the Constitution allows a “capitation” tax — a generally applicable “head tax” that applies regardless of someone’s actions or inaction. If we take the chief justice at his word, this citation could not possibly justify taxing inaction. His initial concern related to the government’s ability to reach “what we do not do,” not its ability to tax someone regardless of anything they do or don’t do."
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