Hey Joe, Meet the Constitution

The clear winner of yesterday’s debate, Joe the (kinda, sorta) plumber, focused a national debate on the wisdom and fairness of progressive taxation — the idea that those who make more should pay more in taxes. What neither Joe nor anyone else on the political stage seems to recall is that we’ve had this debate before, 100 years ago, and progressive taxation won so soundly that we passed a Constitutional Amendment, the 16th, to let it go forward.

The 16th Amendment was necessary because of a controversial ruling by a reactionary majority of the Supreme Court in Pollock v. Farmers’ Loan & Trust (1895). Pollack used an obscure and opaque Constitutional limitation on “direct taxes” to strike down a federal law which taxed incomes over $4,000 at 2 percent. Incomes under this figure were exempt, making this a rudimentary form of progressive taxation.

Pollack held that this tax on incomes was a direct tax and thus had to be calculated “among the several states . . . according to their numbers.” This effectively meant that any national income tax would have to be regressive, with residents of poorer states paying a higher percentage of their income to the national government than residents of richer states.

The 16th Amendment overruled Pollack, paving the way for our current progressive income tax. As Akhil Amar explains in his aclaimed book “America’s Constitution: A Biography, “both sides in the national income-tax debate understood that [national income] taxes had been, and were likely to be, progressive income taxes — in particular, taxes that targeted the rich. Such taxes openly sought to democratize the economy. This indeed, was the very reason that Pollack’s defenders so disliked these taxes.”

The Amendment passed because both political parties rallied behind it. It was supported by President William Howard Taft, a Republican, when it was proposed in 1912, and by his successor, Woodrow Wilson, a Democrat, during the ratification process in 1913. It also drew considerable support from the words of John McCain’s role model, Theodore Roosevelt, who said this in 1907:

The man of great wealth owes a peculiar obligation to the State, because he derives special advantages from the mere existence of government. Not only should he recognize this obligation in the way he leads his daily life and in the way he earns and spends his money, but it should also be recognized by the way in which he pays for the protection the States gives him.

Joe the plumber may never actually make the $250,000 a year necessary to trigger the increased tax burden Senator Obama is proposing. If he is ever successful enough to do so, he should count his blessings and recall President Roosevelt’s, and our Constitution’s, wise words.

More from

Access to Justice
U.S. Court of Appeals for the Fifth Circuit

NAACP v. xAI

In NAACP v. xAI, the United States Court of Appeals for the Fifth Circuit considered whether the federal government can block people harmed by the operation of a massive power plant near their homes from...
Rule of Law
October 15, 2026

October 2026 Newsletter: In a New Supreme Court Term, CAC Defends the Environment, Workers’ Rights, and Civil Rights

There’s a litigant that the Roberts Court likes even more than Donald Trump: big business....
Criminal Law
U.S. Court of Appeals for the Fourth Circuit

Hayat v. Diaz

In Hayat v. Diaz, the United States Court of Appeals for the Fourth Circuit is considering whether police officers may forcibly enter homes without a warrant based only on “reasonable suspicion” of a crime.
Rule of Law
October 6, 2026

Supreme Court’s Alito Will Stay Even If Democrats Win Senate

Bloomberg
CAC Chief Counsel Brianne Gorod spoke to Bloomberg Law about Justice Alito’s reliable support for...
Civil and Human Rights
U.S. Court of Appeals for the Third Circuit

Williams v. Huner

In Williams v. Huner, the U.S. Court of Appeals for the Third Circuit is considering whether a Pennsylvania prison’s failure to provide a prisoner with rigid neck and wrist braces and effective pain medication violated...
Environmental Protection
October 5, 2026

CAC Release: To Escape Financial Liability for Global Warming Harms, Oil and Gas Companies Present Supreme Court with a Result in Search of a Rationale

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Suncor Energy...
By: Brian R. Frazelle