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Thread: New Jersey passes bill forcing presidential candidates to release tax returns

  1. #61
    vulgar? Rasselas's Avatar
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    Quote Originally Posted by publius3 View Post
    The charitable contributuons, in many circumstances, will lead people to deduce, correctly, what your religious affiliation or philosophy, as the case may be, is.
    What voters surmise about a candidate is not a topic covered in the Constitution. Nothing in the Constitution suggests that seekers of public office may not be subject to telling voters about their character or private philosophy. In fact, these factors are KEY to making informed decisions about candidates--particularly when granting them the office makes them IMMUNE to being disciplined over matters of ethics, as the Trump administration insists.

    Medical deductions are going to run this thing up against HIPAA too. Electorate is clearly interested in the health of candidates but that doesn't necessitate disclosure.
    HIPAA puts restrictions on health care providers. It's not a blanket restriction on anyone or anything. How does it apply to the tax code? Is there anything in HIPAA about taxes?

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    Quote Originally Posted by Ian Jeffrey View Post
    No, it does not apply. They are not the same thing.
    So there can be an indirect poll tax but not an indirect religious test?

  3. #63
    Spock of Vulcan Ian Jeffrey's Avatar
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    Quote Originally Posted by publius3 View Post
    So there can be an indirect poll tax but not an indirect religious test?
    I suppose there could hypothetically be an indirect religious test, though I am not sure how. Here, however, it is not such a legal test, which is the issue.
    Thanks from Rasselas

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    Quote Originally Posted by Ian Jeffrey View Post
    I suppose there could hypothetically be an indirect religious test, though I am not sure how. Here, however, it is not such a legal test, which is the issue.
    ......and I believe the atheists won that point.....

  5. #65
    vulgar? Rasselas's Avatar
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    Quote Originally Posted by ian jeffrey View Post
    release of tax returns would not constitute a "religious test" under art. Vi. Revealing information might be politically disqualifying - i.e., the voters might decide based on that information - but it would not be a legally requirement to hold the office, which is what the religious test clause is about.
    qft

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    Spock of Vulcan Ian Jeffrey's Avatar
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    Quote Originally Posted by publius3 View Post
    ......and I believe the atheists won that point.....
    Cite?

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    Quote Originally Posted by Ian Jeffrey View Post
    "One state" is doing no such thing. It has no effect on other states' races.
    How is a law that forces presidential candidates to turn over their tax returns having no effect on other state races?

    Are you suggesting that Presidential candidates just run for President in New Jersey?

  8. #68
    Spock of Vulcan Ian Jeffrey's Avatar
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    Quote Originally Posted by Jeremy View Post
    How is a law that forces presidential candidates to turn over their tax returns having no effect on other state races?
    It might have a political effect on other states' races, but no legal effect. The release would not be relevant to the other states' races, only NJ's.

  9. #69
    the "good" prag pragmatic's Avatar
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    Quote Originally Posted by Rasselas View Post
    How is revealing his/her tax returns a "qualification?" It's just something he or she needs to do to get on the ballot, like collecting signatures. It's not like only some people file tax returns--everyone has a tax status. It's not like anyone in the country would be disqualified from office because they don't have a tax status to report.
    The requirement for collecting signatures is there to maintain a semblance of order in conducting an election.

    The NJ law to require public release of tax returns is essentially a vindictive action directed at one person. If allowed it would set a very bad precedent. And potentially open an ugly can of worms in future elections.

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    Quote Originally Posted by Ian Jeffrey View Post
    I suppose there could hypothetically be an indirect religious test, though I am not sure how. Here, however, it is not such a legal test, which is the issue.
    If I know that a Muslim has no electoral chance of victory, but the Constitution prohibits me from directly prohibiting Muslims from office, I would then compel religious affiliation disclosure, as an indirect religious test, fully knowing that compelling a candidate to disclose religiois affiliation is enough to ensure Muslims aren't elected.

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