No. 23-435

Minor Lee McNeil v. Sarah Huckabee Sanders, Governor of Arkansas, et al.

Lower Court: Eighth Circuit
Docketed: 2023-10-26
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 5th-amendment apportionment bill-of-attainder constitutional-apportionment direct-tax direct-taxation due-process fifth-amendment legislative-powers property-rights
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether a State can lay a direct tax that is vested in Congress, or operates differently from the apportioned direct tax defined in the Constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Arkansas, and most if not all other States, lay and collect direct taxes based largely on disparate property evaluations; with each State taxing their citizens ownership of Private property and earnings from labor, solely because of their possession thereof. Property or labor evaluations are not the constitutional basis for direct taxation. Fifth Amendment protections are eliminated by this practice. Arkansas also uses a bill of attainder to ensure tax collections by legislating for its Direct tax and enforcement thereof, while imposing a penalty without judicial involvement for non-compliance. With the exception of George Ticknor Curtis, in his article of 1866, it is believed that no writer can be ; quoted in support of the views advanced by Justices Fuller and Field in 1895, and used today to define direct taxes. Whether a State can lay a direct tax that is vested in Congress, or operates differently from the apportioned direct tax defined in the Constitution? Whether the citizen should know that the words “all legislative powers” in Article I, really means some : (but not all) legislative powers? Whether the rights and immunities regarding private property are protected by the vesting clause? Be

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-11-06
Waiver of right of respondent Sarah Huckabee Sanders, et al. to respond filed.
2023-10-24
Petition for a writ of certiorari filed. (Response due November 27, 2023)

Attorneys

Minor L. McNeil
Minor Lee McNeil — Petitioner
Minor Lee McNeil — Petitioner
Sarah Huckabee Sanders, et al.
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent