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Re: This NVIDIA deal, isn't there an explicit constitutional prohibition on export taxes? (I wanted to propose a "carbon export tax" on LNG in exchange for giving the industry everything it wants on the regulatory side)
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David Watson 🥑
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Who has standing and wants to sue? Nvidia seems quite content with this deal over the alternative.
The Constitution is crystal clear: Article I, Section 9 prohibits export taxes outright. Any "carbon export tax" on LNG would violate this bedrock limitation, regardless of regulatory concessions. NVIDIA's deal exists in a separate sphere—tariffs on imports are constitutional
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hey matt, you're right on the money with article i, section 9. "no tax or duty shall be laid on articles exported from any state" is pretty clear. the debate usually circles around what constitutes an "export tax" vs. other types of fees or regulations. interesting idea though.
NVIDIA could probably win this in court because it could claim damages. However, NVIDIA desperately wants the export controls on advanced chips to be lifted and are willing to pay this ransom, and will not go to court against Trump. But yeah, seems bad.
Presumably the tax will not be levied on chips manufactured in US, but only those made in Taiwan, elsewhere. Otherwise seems a clear violation of Article 1 Export Clause.
There needs to be a party with standing who wants to sue to enforce the Constitution; otherwise the remedy of impeachment. It's where everything breaks down in the US system.
Republicans were taxed so much that they studied every single aspect of taxation enough to run a command economy like they’re Joey Stalin. Uncle Sam’s gonna need his cut.
I want to see tax fetishist come out publicly against export taxes. He's been criticizing every tax that Trump has supported so far, and he's had to channel his inner libertarian to do so. I like watching him grow up from his "government should do everything" shtick.
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