9/20/2019

US Court Slaps Down California's Unconstitutional "Presidential Tax Transparency and Accountability Act"

The wackos in California tried an end run around the US Constitution by passing legislation that required presidential candidates make public their tax returns. This was an effort to keep Donald Trump off the California ballot. However, US District Judge Morrison England, Jr. told California “Not so fast there, bucko!”

While states have control over the mechanics of voting, such as filing petitions with a certain number of signatures, they can’t impose eligibility requirements beyond what Article II, Section 1, Clause 5 of the Constitution provides…:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

A tax-return requirement on presidential candidates bears no relationship to the mechanics of voting, and is an unconstitutional eligibility test. A state can no more limit eligibility to candidates who disclose tax returns than it could require that only candidates who can run a mile in under 8 minutes are eligible for the presidential ballot.

If California and other Blue States want to impose such a condition, then the US Constitution would need to be amended to allow them to do so. The chances of them getting such an amendment through Congress and then ratified by 3/4ths of the states before the 2020 election cycle is zero. The chances of getting it ratified at all is pretty close to zero.

The court issued a Temporary Restraining Order from the bench and Judge England has stated he will issue a final ruling by the end of the month. Of course, I have no doubt California will appeal and I expect this case will make its way to the Supreme Court where it will die a well-earned death when they tell California “Shame on you! What the hell were you thinking?”

I expect the bleating from the California Kooks to start in 3…2…1….