Changes

Consequently, federal excises in the United States currently tax only certain luxury items and licensed activities, such as [[liquor]], [[tobacco]], luxury automobiles, aviation permits, and certain government-connected activities.

Consequently, federal excises in the United States currently tax only certain luxury items and licensed activities, such as [[liquor]], [[tobacco]], luxury automobiles, aviation permits, and certain government-connected activities.

The assessment of an excise is often (but not always) triggered by the transfer or sale of a certain commodity.  It’s important to understand, however, that an excise is defined by '''what''' it taxes -- privilege and luxury -- not by how or when it is triggered.  In 1911, the Supreme Court clarified this in ''Flint v. Stone Tracy Co''.: "Excises are taxes laid upon the manufacture, sale, or consumption of commodities within the country, upon licenses to pursue certain occupations, and upon corporate privileges... the requirement to pay such taxes involves the exercise of  ’'''privileges''' '."  

The assessment of an excise is often (but not always) triggered by the transfer or sale of a certain commodity.  It’s important to understand, however, that an excise is defined by '''what''' it taxes—privilege and luxury—not by how or when it is triggered.  In 1911, the Supreme Court clarified this in ''Flint v. Stone Tracy Co''.: "Excises are taxes laid upon the manufacture, sale, or consumption of commodities within the country, upon licenses to pursue certain occupations, and upon corporate privileges... the requirement to pay such taxes involves the exercise of  ’'''privileges''' '."  

==A Recent -- But Misleading -- Definition==

==A Recent -- But Misleading -- Definition==

Recently, there has been a concerted effort by the Left to reinterpret an excise as an “event tax” -- that is, a tax levied on an “event” solely by virtue of the fact that an event or transaction has occurred. This definition is without foundation.  The so-called “event” definition was completely unknown to the drafters of the Constitution, and has never been recognized by the Supreme Court of the United States or by any other court.  Were that definition allowed, any “event” could theoretically be taxed as an excise, and the Constitutional distinction between Direct taxes (requiring apportionment) and Indirect taxes and excises (requiring uniformity) would collapse. In that case, almost any commodity or activity could be taxed by government, and nothing would remain in the Constitution to safeguard the private wealth of the People.

Recently, there has been a concerted effort by the Left to reinterpret an excise as an “event tax”—that is, a tax levied on an “event” solely by virtue of the fact that an event or transaction has occurred. This definition is without foundation.  The so-called “event” definition was completely unknown to the drafters of the Constitution, and has never been recognized by the Supreme Court of the United States or by any other court.  Were that definition allowed, any “event” could theoretically be taxed as an excise, and the Constitutional distinction between Direct taxes (requiring apportionment) and Indirect taxes and excises (requiring uniformity) would collapse. In that case, almost any commodity or activity could be taxed by government, and nothing would remain in the Constitution to safeguard the private wealth of the People.

For example, if the “event” definition of excise were permitted, Congress could levy a tax on attending church, or issuing a news report, or going to school, because each of these is an “event.” Congress would essentially gain unlimited taxing authority -- and thus unlimited ''authority'' -- over the People. This sort of a construct is anathema to the American experience, but typical of Marxist and Fascist political thought.  

For example, if the “event” definition of excise were permitted, Congress could levy a tax on attending church, or issuing a news report, or going to school, because each of these is an “event.” Congress would essentially gain unlimited taxing authority—and thus unlimited ''authority''—over the People. This sort of a construct is anathema to the American experience, but typical of Marxist and Fascist political thought.  

Fortunately, a proper understanding of the meaning of "excise" assures us that U.S. courts would likely rule any tax on these kinds of activities unconstitutional because these “events” involve the exercise of [[unalienable rights]], not privileges. "Events" like these are therefore not subject to Indirect taxes (of which the excise is a type).

Fortunately, a proper understanding of the meaning of "excise" assures us that U.S. courts would likely rule any tax on these kinds of activities unconstitutional because these “events” involve the exercise of [[unalienable rights]], not privileges. "Events" like these are therefore not subject to Indirect taxes (of which the excise is a type).