When Is a Tax Not a Tax? | RealClearPolitics
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by Philip Hamburger, Wall Street JournalFebruary 23, 2026
AI-Generated Deep Dive Summary
When is a tax not a tax? This question lies at the heart of Philip Hamburger's provocative exploration in his latest Wall Street Journal article. Drawing from historical and legal insights, Hamburger challenges conventional understandings of taxation, arguing that modern interpretations often stretch or distort the original meaning of taxes under the Constitution. His analysis highlights how contemporary debates over taxes are shaped by political and cultural biases, leading to misapplications of legal principles.
Hamburger traces the evolution of tax law, emphasizing how the term "tax" has been weaponized in political discourse. He points out that taxes have become a tool for advancing ideological agendas, with both parties accusing each other of overreach or underpayment. This blurring of definitions not only complicates policy decisions but also undermines public trust in government institutions.
The article underscores the importance of returning to foundational principles when defining taxes. Hamburger advocates for clearer distinctions between what constitutes a tax and what does not, calling on lawmakers to restore original intent rather than bending to political expediency. He warns that failing to
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Originally published on RealClearPolitics on 2/23/2026