Can you answer a question of constitutionality in regards to sales tax?

Asked over 1 year ago - Fitchburg, MA

Can a portion of the MA sales tax be set up to permanently fund the department of early education and care?

Attorney answers (3)

  1. Douglas Richard Lloyd Jr.

    Contributor Level 11

    9

    Lawyers agree

    Answered . I don't see why that would be a problem. The MBTA has been funded this way since 2000.

    Douglas Lloyd is licensed to practice law in the Commonwealth of Massachusetts. Answers provided on Avvo are... more
  2. Christopher Michael Larson

    Contributor Level 19

    9

    Lawyers agree

    Answered . I don't understand the "constitutional" part. It is not unconstitutional under the US Constitution for states to determine how they will use their tax proceeds. They cannot make defense expenditures or anything disallowed to states by the Constitution, but there are few restraints beyond the ones explicitly stated.

    Christopher Larson
    Insight Law
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  3. Rixon Charles Rafter III

    Contributor Level 20

    5

    Lawyers agree

    Answered . State taxes are for states to determine for themselves--the Constitution is not implicated in the situation you describe.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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