UF Levin College of Law professor and economist Neil H. Buchanan explains the legal and policy reasons for reinstating the state and local taxes (SALT) deduction that Republicans severely limited in 2017. Professor Buchanan argues that the purpose of limiting the SALT deduction was to harm poor people in states that had robust social spending programs, so Democrats should unapologetically seize the opportunity to undo any unconstitutional provision designed in the first place as a political hit job.
UF Levin College of Law professor and economist Neil H. Buchanan explains why the present political situation is somewhat like the plot of Stanley Kubrick’s “Paths of Glory,” in that a supposedly preferable solution involves throwing powerless people to the wolves, simply for other people’s benefit.
In this second in a series of columns, UF Levin College of Law professor and economist Neil H. Buchanan shows how much of a stretch it would be to say—as conservatives are saying—that all taxes on wealth are unconstitutional and that all progressive taxes are taxes on wealth. Professor Buchanan argues that even if the now-defunct Billionaires Tax proposed by Democrats were a tax on wealth, rather than income, that classification would still not categorically violate the Constitution.
In this first of a series of columns, UF Levin College of Law professor and economist Neil H. Buchanan explains why, even though Democrats’ so-called Billionaires Tax is not moving forward, there is much to learn from the flurry of commentary published just before it failed. Professor Buchanan explains how easy it would be for a motivated Supreme Court to mangle logic and precedent to make it more difficult for Congress to enact taxes that would collect revenues from the richest Americans, even if the United States soon becomes a one-party autocracy under permanent Republican, non-majoritarian rule.
UF Levin College of Law professor and economist Neil H. Buchanan explains why Democrats’ proposed tax on billionaires does not violate any part of the Constitution, despite claims to the contrary. Professor Buchanan argues that the U.S. Supreme Court, in normal times, should recognize that there is no constitutional barrier to the proposed tax, but this ultra-conservative majority Court could defy text and logic and create a new law from whole cloth, as it has done before on other issues.
UF Levin College of Law professor Neil H. Buchanan considers whether the current COVID-19 pandemic changes the way we think about the ongoing crises of climate catastrophe and the escalating threats to the rule of law. Perhaps counterintuitively, Professor Buchanan concludes that neither this pandemic nor even the threat of future pandemics changes how we should think about our obligations to future generations because nothing about it requires our focus to the exclusion of those two existing threats.
UF Levin College of Law professor and economist Neil H. Buchanan responds to proposals that the so-called Big Coin option could alleviate the debt ceiling crisis. Professor Buchanan argues that this option, by which the Treasury would mint a platinum coin and designate its value at some arbitrarily high number to allow the government to continue paying its bills, is likely not the best solution to the contrived problem of debt ceiling.
UF Levin College of Law professor and economist Neil H. Buchanan argues that Democrats have a clear path to eliminating the debt ceiling crisis once and for all. Professor Buchanan explains that the Democrats should employ the so-called Gephardt Rule, under which the debt ceiling is increased automatically as part of every taxing and spending bill that Congress passes.
UF Levin College of Law professor and economist Neil H. Buchanan explores the frequent phenomenon where people fall back on empty words and phrases, even when they have been convinced that those phrases are empty. Professor Buchanan relates some anecdotes demonstrating the phenomenon and calls for people to relearn and remember when they are saying words that communicate nothing, lest they lapse into reinforcing meaninglessness.
UF Levin College of Law professor and economist Neil H. Buchanan reimagines a country with a true separation between church and state. Professor Buchanan laments that this vision is diametrically opposite from what current Supreme Court jurisprudence allows.
UF Levin College of Law professor and economist Neil H. Buchanan explains why there is not an impending Social Security crisis, and in fact, anything Congress might do over the next decade or so in response to this nonexistent crisis will actually make matters worse, especially for young people themselves. Professor Buchanan describes why and how journalists misunderstand the Social Security Trustees’ 2021 annual report and argues that if Congress reacts by changing Social Security, it would essentially guarantee that today’s young people would be harmed, even if the Trustees’ forecasts turn out to be wrong.
UF Levin College of Law professor Neil H. Buchanan considers the future of federalism when Republicans have forced the United States into a one-party autocracy. Professor Buchanan argues that while conservatives have long claimed to favor states’ rights, they will be unlikely to support states’ rights when Republicans control the federal government and are insulated from competition.
UF Levin College of Law professor Neil H. Buchanan explains why, if the District of Columbia was recognized as a state, that recognition cannot later be reversed. Professor Buchanan argues that to reverse statehood would signal a slippery slope wherein Republicans would be empowered to go well beyond suppressing votes in swing states to instead removing statehood from regions with Democratic voters.
UF Levin College of Law professor Neil H. Buchanan describes the United States today as a “dead democracy walking”—walking with mortal wounds but not yet dead. While stating that he is open to the possibility of being proven wrong, Professor Buchanan explains why believes that Trump and Republicans have corrupted the American political system beyond repair, and he notes that his subsequent writings and analysis will proceed from the assumption that democracy will soon be dead in this country.
UF Levin College of Law professor and economist Neil H. Buchanan comments on the (again) impending debt ceiling crisis if Senate Republicans (again) do not adjust the federal debt ceiling by the end of this month. Professor Buchanan reiterates the reasons the debt ceiling is unconstitutional and calls upon President Biden to instruct the Treasury Department to pay all bills in full, using exactly as much borrowed money as Congress’s duly enacted laws require, and to immediately announce that he will do so.
UF Levin College of Law professor Neil H. Buchanan reflects on the evolution of America’s political right over the past decade, from his first Verdict column almost exactly ten years ago to today. Professor Buchanan points out that his first column discussed the problem of the debt-limit crisis, which he argues was a portent for Republicans’ abandonment of ideas, now turning instead to stoking cultural clashes and fomenting grievances.
UF Levin College of Law professor Neil H. Buchanan argues that the terms “cancel culture,” “wokeness,” and the like have come to mean only that the person using them does not like something that is being said or done. Professor Buchanan describes how these epithets are simply today’s (much more quickly adopted) versions of the 1990’s political correctness and “PC police”—all political tools for claiming victimhood.
UF Levin College of Law professor and economist Neil H. Buchanan responds to apparent plans by some Republicans to bring back the debt ceiling to obstruct the Biden administration. Professor Buchanan explains why that would be a bad idea and also why, if they do, President Biden might be able to kill the debt ceiling as a political issue.
UF Levin College of Law professor and economist Neil H. Buchanan explains why President Biden’s infrastructure spending bill is inexpensive and necessary, given the long-term positive effects of such spending. Professor Buchanan puts the two-trillion-dollar price tag into context and argues that we actually need much more public investment than that.
UF Levin College of Law professor Neil H. Buchanan describes the precarious situation of our democracy and notes that there are many necessary conditions for a constitutional republic to continue to operate, and because each is necessary, losing any of them would lead to the whole system crashing down. In this column, Professor Buchanan points out some of the many ways in which our nation could descend into autocracy.