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

Asked 3 months ago - Fitchburg, MA

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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. Contributor Level 11

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    Answered February 17, 2013 10:12. 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. Pro

    Contributor Level 19

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    Answered February 17, 2013 14:49. 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
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  3. Contributor Level 20

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    Answered February 18, 2013 10:21. 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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