U.S. Rep. Ben Quayle (R-AZ)...has proposed one of the more lame-brained constitutional amendments in living memory, aimed solely at scratching an immediate conservative itch after the ACA decision. Here’s how The Hill’s Pete Kasperowicz explains the Quayle Amendment:
Quayle’s amendment, H.J.Res. 114, would hold simply that, “No provision of law shall be construed as having been made in execution of the power of Congress to lay and collect taxes unless such law has been designated by Congress as a tax.”
The Amendment is presumably intended to head off any future sneaky arrangement whereby lawmakers collude with Supreme Court justices to call something not-a-tax that’s then held to be constitutional because it is a tax. It would become, so far as I can tell, the first constitutional amendment providing ongoing guidance to federal courts in how they are allowed to interpret legislative acts, but what the hell, it’s not going anywhere.
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