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Reading: JONATHAN TURLEY: Sanders’ wealth tax dangles checks while torching the Constitution
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JONATHAN TURLEY: Sanders’ wealth tax dangles checks while torching the Constitution

Last updated: March 10, 2026 11:50 am
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JONATHAN TURLEY: Sanders' wealth tax dangles checks while torching the Constitution
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“Enough is enough.” With those words, Vermont Senator launched a push to impose a 5% annual wealth tax on Americas billionaires. With Rep. Ro Khanna, the legislation, “Make Billionaires Pay Their Fair Share Act,” echoes the growing “eat-the-rich” mantra on the left — seeking to replicate a that has led to an exodus from that state and an estimated loss of $2 trillion in taxable assets.

It is also flagrantly unconstitutional.

Under the plan, Congress would target 938 billionaires to tap them for $4.4 trillion. That money would then be redistributed as a $3,000 direct payment to every man, woman, and child in a household making $150,000 or less — $12,000 for a family of four.

The timing of the move is telling. Not only is it calculated before the midterm elections, in which the Democrats hope to retake power, but it follows the push by and unions to impose a similar wealth tax in that state.

The practical problem is that the wealthy, like their wealth, are mobile. As a result, many are fleeing California. So now Khanna is joining with the nation’s leading Democratic Socialists to ensure there is nowhere to hide in the United States. For be double-tapped for ten percent of their wealth.

It has long been the dream of the far left. Years ago, Warren delighted Democratic voters in her run for the presidency by telling the rich she was coming after “your Rembrandts, your stock portfolio, your diamonds and your yachts.” In one debate, she dramatically rubbed her hands together after saying she would take some of the wealth of fellow candidate , a self-made millionaire.

In my new book, Rage and the Republic: The Unfinished Story of the American Revolution, I discuss the growing threat of “economic factionalism” as politicians fuel rage against the wealthy based on the false premise that they are not “paying their fair share.” While there are good-faith arguments for adjusting tax burdens to address budget demands, the top 1 percent pays more taxes than the bottom 90 percent combined.

There is little reason to believe that a will not, if upheld, be later extended to lower tax brackets, starting with multimillionaires. That is the signature of economic factionalism, which feeds an insatiable appetite for greater wealth seizure.

The Sanders-Khanna plan is notable in its express commitment to direct wealth redistribution. It also explains why the left has made the packing of the Supreme Court a priority. As Harvard professor Michael Klarman explained years ago, the radical agenda to change the system to guarantee Republicans “will never win another election” requires control of the Supreme Court to uphold such measures.

The problem is that bars the implementation of such a federal wealth tax. When the 16th Amendment was ratified, it allowed for federal income taxes, and only income taxes: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

The effort to expand federal taxation beyond income taxes will require either a constitutional amendment or an enabling, packed Court.

Nevertheless, these politicians will continue to dangle wealth distribution before voters. They will demonize figures like and for their wealth while ignoring that these same figures are wealth

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