Trump’s Criminal Conviction

May 30, 2024

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Now that Donald Trump has been convicted on all counts by a Manhattan jury in the hush-money case, let’s be clear on the crimes he committed.

Falsification of business records

Trump was found guilty of falsifying business records—specifically invoices, ledger entries and checks relating to the reimbursement of Michael Cohen for paying hush money to Stormy Daniels. The law does not require that Trump falsified the paper work personally. He can have caused someone else to do it.

The underlying conspiracy

What makes the falsifications felonies rather than misdemeanors is that they were done to cover up another crime. According to the jury instructions:

Under our law, a person is guilty of falsifying business records in the first degree when, with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof, that person: makes or causes a false entry in the business records of an enterprise.

The underlying crime Trump was found to be covering up was conspiring to promote his 2016 election by illegal means.

The People allege that the other crime the defendant intended to commit, aid, or conceal is a violation of New York Election Law section 17-152.

Section 17-152 of the New York Election Law provides that any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of conspiracy to promote or prevent an election.

Trump entered into a conspiracy with Michael Cohen and David Pecker of The National Enquirer to suppress stories that might damage his candidacy, especially after the Access Hollywood recording revealed his demeaning attitudes and sexually aggressive behavior toward women. Cohen advanced that conspiracy by paying hush money to Stormy Daniels. Then the Trump Organization reimbursed him for that payment, but falsified the business records to disguise the nature of the payment.

Unlawful means

Promoting Trump’s election, even by paying someone to buy their silence, would not have been illegal in itself. The jury had to agree that the conspirators used some unlawful means to carry out their objectives. They did not have to agree on the specific means used. The jury instructions gave them several possibilities:

In determining whether the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you may consider the following: (1) violations of the Federal Election Campaign Act otherwise known as FECA; (2) the falsification of other business records; or (3) violation of tax laws.

Here are specific acts that fall into those categories: (1) The payment to Stormy Daniels was allegedly an illegal campaign contribution both by Michael Cohen and the Trump Organization. (2) Michael Cohen allegedly falsified bank records when he applied for a bank loan and wired funds to Stormy Daniels’ lawyer. The Trump Organization allegedly falsified another business record when it issued a phony 1099 to pass off Cohen’s reimbursement as taxable compensation for legal services. (3) Cohen allegedly filed fraudulent tax returns when he over-reported his taxable income for the same reason.

This part is a little confusing, but the smoking gun that revealed the falsification of records was that the organization did not just write Cohen a check to reimburse him for the $130,000 he paid Stormy Daniels. That would be too obvious. They doubled the amount to cover the taxes he would have to pay when he reported it as taxable compensation instead of a reimbursement. Then they generated phony invoices to make it appear that he was earning the higher amount as legal fees.

With all these alleged “unlawful means” to choose from, the jury probably had little difficulty agreeing that some unlawful means had been used to carry out the conspiracy. That’s all the law requires.

Does it matter?

Like most observers, I regard the hush-money conspiracy as less important than the other crimes for which Donald Trump has been indicted:

  • trying to overthrow the results of the 2020 election by recruiting fake electors to cast uncertified state votes
  • encouraging the assault on the Capitol
  • stealing classified documents from the White House

I do think it matters though, since the 2016 election was settled by a small number of votes in a few states. In the wake of the Access Hollywood scandal, when many voters were reconsidering their support for Trump, the successful conspiracy to silence Stormy Daniels could have provided the margin of victory. If the 2024 election is just as close, clearly identifying Trump as a convicted felon may matter to at least a few voters. For most public offices and many other positions of responsibility, it would be automatically disqualifying.


The Power to Destroy (part 4)

May 29, 2024

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Since the late 1970s, a powerful antitax movement has advocated a reduction in the portion of national income that goes to fund government. What has it accomplished?

Tax cuts, then and now

To answer that question, I found that I had to distinguish between two very different periods of tax-cutting. The first began with the Reagan tax cuts of 1981, and the second with the Bush tax cuts of 2001.

Most tax-cutters wanted to both reduce tax rates and shrink the size of government by cutting spending. (A few argued that reducing the federal budget would not be necessary, because the tax cuts would pay for themselves.) What is interesting about the period from 1981 to 2000 is that the antitax forces succeeded a little more in cutting spending than in lowering taxes. Government outlays went down from 20.7 percent of GDP in 1980 to 17.5 percent in 2000, while government revenue went up from 18.1 percent to 19.8 percent. As a result, the budget went from a deficit of 2.6 percent of GDP to a surplus of 2.3 percent. Why? Because when faced with the high deficits resulting from the Reagan tax cuts, political leaders got serious about balancing the budget. They accomplished this both by raising taxes and cutting spending.

The fiscal trends in the second period, 2001 to 2023, were the opposite: The Bush and Trump tax cuts really did bring federal revenue down, while federal spending went up. That’s because the country cut taxes in both good times and bad, while also spending to address the national emergencies of the War on Terror, the Global Financial Crisis, and the Covid pandemic. The budget went from a 2.3 percent surplus in 2000 to a 6.2 percent deficit in 2023.

For much of the nation’s history, taxes were increased to fund wars and new entitlement spending, such as for Social Security and Medicare. In the twenty-first century, however, commitments not to raise taxes meant that massive spending to fund the wars following the terrorist attacks on September 11, 2001, to add prescription drug coverage to Medicare, to keep the economy afloat during the global financial crisis, and to respond to the Covid pandemic all went unfunded.

Low taxes and the economy

The effect of low taxes and federal deficits on the economy is a difficult and controversial topic. A tax cut is not a controlled experiment, since the economy is changing in other ways all the time. Some ideas do stand the test of time. The old Keynesian idea that tax cuts and deficit spending can stimulate the economy during recessions remains alive and well, thanks to the experience of the Great Recession of 2007-2009 and the Covid recession of 2020. The idea that low taxes accelerate growth any time finds less support, since the economy grew faster in the high-tax postwar era and in the 1990s than in the recent period of lower taxes. Graetz says that “the most robust economic growth since 1978 occurred during years following Bill Clinton’s 1993 tax increases. Tax reductions at the top have spurred neither great increases in domestic investment nor bursts of increased productivity.”

Lower taxes have been a contributing factor to economic inequality. The main beneficiaries of tax cuts have been the wealthy, who are disproportionately impacted by cuts in income taxes, estate taxes, capital gains taxes, and corporate taxes (as shareholders). They also have ways of living off their existing wealth while paying hardly any taxes at all.

Rich Americans borrow cheaply against their stock and bond portfolios to fund their lifestyles without paying any income taxes. Increases in the values of assets are not taxed as income until the assets are sold, and the tax law forgives any income tax on a lifetime of gains if assets are held until death.

Low taxes and government

Low taxes and high deficits may hamper the government’s ability to respond to new crises, such as climate change, global political threats like Russian or Chinese expansionism, demographic changes increasing the costs of Social Security and Medicare, economic dislocations caused by new technologies, and new demands for human capital development. The national debt is now so large that the country spends about as much on interest payments as it does on national defense.

This year’s presidential election is, among other things, a choice between two different fiscal approaches. President Biden wants to raise taxes on individuals with incomes over $400,000, raise the corporate rate from 21 percent to 28 percent, and create a wealth tax on people with over $100 million in assets. Former President Trump wants to make permanent his 2017 tax cuts favoring the wealthy.

I began with John Marshall’s observation, “The power to tax involves the power to destroy” and Graetz’s addendum, “So, it turns out, does the power not to tax.” I agree with Graetz’s suggestion that low taxes may now be a bigger threat to national greatness than high taxes.


The Power to Destroy (part 3)

May 28, 2024

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In 2000, George W. Bush won the presidency by the narrowest of margins in the Electoral College. Graetz calls this “a fateful turning point for antitax advocates.” They would not achieve their most radical goals of abolishing income taxes or replacing the progressive income tax with a “flat tax” where all incomes were taxed at the same rate. But they would succeed in lowering tax rates again, especially for the wealthy.

Bush—from surplus to deficit

“Bush and his team designed his tax plan to include an across-the-board reduction in income tax rates that provided the greatest benefits to the top but also cut income taxes for everyone.” Two tax bills accomplished Republican aims, the Economic Growth and Tax Relief Reconciliation Act of 2001, and the Jobs and Growth Tax Relief Reconciliation Act of 2003. Together they lowered the top bracket rate from 39.6 percent to 35 percent, reduced the lowest rate from 15 percent to 10 percent, further reduced estate taxes, increased the child tax credit and extended it to higher-income families, reduced capital gains taxes, and taxed dividends at the low capital gains rates instead of ordinary income rates. The projected cost of the tax cuts was reduced by scheduling some of them to expire at the end of 2010.

The Bush administration was not deterred in its tax cutting by having to spend money on homeland security and Middle East wars following the September 11, 2001 terrorist attacks. The administration also added an unfunded prescription drug benefit to Medicare. By 2004, federal revenue had fallen to 15.6 percent of GDP, the lowest since the 1950s. The surplus that existed when Bush took office had turned into a deficit of 3.4 percent. This time, deficits would turn out to be a normal feature of federal budgets.

Near the end of Bush’s two terms, the Global Financial Crisis and ensuing Great Recession led Congress to enact economic stimulus legislation, which helped the economy but made the deficit worse. The measures included tax rebates of $300 per individual taxpayer and $300 for children, which phased out for higher-income taxpayers. The Keynesian idea of boosting the economy from the bottom up was coming back in style, but Republicans still preferred tax breaks to new domestic spending programs.

Obama—economic stimulus and resistance

Barack Obama became president in 2009 during the worst economic recession since the Great Depression. His American Recovery and Reinvestment Act tried to stimulate the economy with tax cuts, aid to the states, and infrastructure projects. It included the “Making Work Pay” credit that temporarily reduced taxes for working families by up to $800 in 2009 and 2010. In those two years, the deficit soared to about 9 percent of GDP.

Obama also wanted to fulfill his campaign promise of making health insurance more affordable. In 2010, Democrats narrowly passed the Patient Protection and Affordable Care Act (popularly known as Obamacare). It required taxpayers to carry health insurance, expanded Medicaid coverage, and subsidized insurance for other low-income taxpayers. It relied for funding on a combination of taxes on high-income individuals, health insurers, pharmaceutical companies, and medical device manufacturers.

Republicans steadfastly opposed Obama’s fiscal agenda. Their priority was extending the Bush tax cuts.

The antitax movement entered a new phase with the emergence of the Tea Party. The triggering event was Obama’s proposal to assist homeowners facing foreclosure. The collapse of the housing market had left many homeowners owing more than the market value of their home. Critics revived the old claim that Democrats were spending the money of hard-working taxpayers to assist undeserving deadbeats.

In the 2010 midterms, Republicans gained 63 seats in the House, the largest increase in over sixty years. They had a lot of bargaining power too, because Obama needed their cooperation to raise the debt ceiling to accommodate the growing national debt. In return, Obama had to agree to cut spending.

The Bush tax cuts were scheduled to expire at the end of 2010, but allowing taxes to rise was politically very difficult in the face of Republican opposition and a struggling economy. The Bush cuts were extended for two more years. Then in 2012, the American Taxpayer Relief Act made most of the cuts permanent, except those affecting the top 1% of taxpayers. The top tax rate was raised from 35 percent back to what it was under President Clinton, 39.6 percent. The government gave up most of the revenue it could have had by letting the tax cuts expire. Instead, it relied on austerity on the spending side to bring down the deficit to around 3% by the end of the Obama administration. Graetz concludes, “Despite Republicans’ moaning, they had won the war over taxes. Republicans remained steadfast against tax increases at any time.”

Trump—another round of tax cuts

Donald Trump was an unconventional Republican who appealed more to “America first” nationalism than to traditional free-market economics. His most well-known goals were restricting immigration, reducing foreign imports and bringing back American manufacturing jobs. Nevertheless, he followed the new Republican orthodoxy that called for tax cuts regardless of fiscal and economic circumstances.

Donald Trump’s calls for tax cuts were common for a Republican president but were exceptionally large for a growing economy facing large deficits. Singing from the classic antitax songbook, Trump insisted his tax cuts would not add to federal deficits or debt.

Trump claimed publicly that his tax plan would raise the taxes of wealthy people such as himself, while privately assuring his rich friends that he would lower their taxes. When he revealed his actual tax plan after taking office, neither economists nor the general public were enthusiastic. Since the Republicans now held majorities in both houses of Congress, he could pass it entirely without Democratic votes, and he did. The Tax Cuts and Jobs Act of 2017 cut both personal and corporate taxes. It also doubled the amounts exempt from estate taxes. The bill held down the projected cost by making the personal tax cuts “temporary” (from 2018 to 2025), but Republicans were confident that a future administration would be compelled to continue them. Wealthy taxpayers got the largest cuts, both in absolute dollars and as a percentage of income. The top bracket rate was cut from 39.6% to 37%.

President Trump tried to create American jobs by putting tariffs on certain imported goods, especially from China. These had two downsides that made them unpopular with economists: Importers passed along their increased costs to consumers; and China retaliated with tariffs on our agricultural exports. “Trade experts estimated the steel and aluminum tariffs cost American consumers and businesses about $900,000 for every job they saved or created.”

Under Trump, the deficit increased from 3.1 percent of GDP in 2016 to 4.6 percent in 2019. That was before a new national economic crisis induced a new spurt in federal spending. This time it was the Covid epidemic, which brought much of the country’s economic activity to a halt.

Biden—tax benefits for the non-rich

Like Obama before him, Biden inherited a distressed economy, which he tried to stimulate with both tax rebates and new spending.

With narrow control of both houses of Congress, Democrats managed to pass the American Rescue Plan Act of 2021. It contained new spending to fight Covid, especially to fund vaccinations. It also included tax credits, 70% of which went to families with less than $91,000 of income. It raised the child tax credit from $2,000 to $3,600 for each child under six, and to $3,000 for older children. Congressional Republicans, who for forty years had rarely met a tax cut they didn’t like, unanimously opposed this bill.

The Inflation Reduction Act of 2022 also passed without any Republican support. Its main goals were to promote clean energy production and hold down the costs of health care and health insurance. It was funded mainly with a 15 percent minimum tax on corporations (aimed at corporations that had been paying little or no taxes at all), and additional revenue expected from an increase in IRS funding. (Better enforcement of the tax code with more agents and auditing normally brings in more money than it costs.) Republicans especially hated the IRS funding, and tried unsuccessfully to repeal it.

Biden wanted to raise taxes on the wealthy, but never succeeded in doing so. The deficit spiked to 12.1% of GDP in 2021, but went down to 5.3 percent after the American Rescue Plan’s temporary spending and tax credits ended. As of now, expenditures have exceeded revenue every year since 2001.

In my last post on this book, I will offer some reflections on what the antitax movement of the last half century has accomplished, and what it has meant for the country.

Continued


The Power to Destroy (part 2)

May 26, 2024

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The antitax movement was encouraged by President Reagan’s partial success in cutting taxes. The antitax forces were also disappointed, but certainly not deterred, by his failure to reduce total federal spending or balance the budget. They continued to claim that cuts in tax rates could generate increases in tax revenue by encouraging saving, investment and economic growth. And if tax revenue did fall, that would eventually force government to rein in spending, whatever the cost to popular domestic programs.

Antitax warriors

Graetz’s book features three noteworthy figures who mobilized the antitax movement in the late 1980s and 1990s. They led the way in making tax-cutting the central mission of the Republican Party.

Grover Norquist founded Americans for Tax Reform and served as its first president. He had a radically hostile view of the federal government, often saying that he wanted “to get government down to the size where you can drown it in the bathtub.” As for taxes, he proclaimed, “There is no such thing as a just tax—it is a contradiction in terms. We just want the government to steal less of our money.” Apparently he thought that citizens owe their government nothing for whatever benefits they receive from it. In 1986, Norquist began urging politicians to sign a pledge that they would “oppose any and all efforts to increase the marginal income tax rates for individuals and for businesses…” Over the next few years, almost every Republican president, governor, Congressional representative and senator did.

Newt Gingrich was elected to the House in 1978 and served as Speaker from 1995 to 1999. He championed the most radical form of supply-side economics, claiming that tax cuts would actually increase federal revenue by stimulating growth. He did not hesitate to attack any president, even of his own Republican Party, who dared to raise taxes. He co-authored the “Contract with America,” the agenda Republicans ran on in 1994. It called for tax cuts, a balanced budget, and the requirement of a three-fifths majority to pass any future tax increases.

Rush Limbaugh was a talk-show host who became nationally syndicated in 1988. His antitax message was eventually heard on 650 radio stations and 200 TV stations. Graetz describes Limbaugh’s role in right-wing media as “the granddaddy of them all, untroubled by factual accuracy, often bigoted, feasting on outrage.”

“Read my lips”

In 1985, during Reagan’s second term, Congress passed the Balanced Budget and Emergency Deficit Control Act, also known as Gramm-Rudman-Hollings. It called for a phased reduction in the federal deficit until a balanced budget was achieved in 1990. (That date was later pushed back to 1993.) The bill mandated automatic spending cuts divided equally between defense and non-defense spending, if Congress failed to meet the annual targets on its own. At the end of the Reagan presidency, the Congressional Budget Office estimated that without tax increases, these cuts would have to be substantial, like a 42 percent cut in defense spending.

Nevertheless, Reagan’s successor, George H.W. Bush, ran with the campaign slogan, “Read my lips: No new taxes.” Two years into his presidency, over the vociferous objections of House Republicans like Gingrich, Bush bowed to necessity and signed the Omnibus Budget Reconciliation Act of 1990. This law raised the top income-tax rate from 28% to 31%. It also raised payroll taxes and taxes on gas, tobacco and alcohol.

When Bush was defeated for reelection in 1992, Republicans blamed his loss on his failure to keep his “no new taxes” pledge. They were determined not to make the same “mistake” again, regardless of the fiscal circumstances. No Republican president has agreed to a tax increase since.

Political polarization

When Bill Clinton took office in 1993, Democrats controlled Congress and the presidency for the first time since 1979. Clinton’s original hope had been to cut taxes for the middle class and increase some domestic spending, especially for his health-care initiative. He too was induced to shift his focus to deficit reduction. Federal Reserve Chair Alan Greenspan warned him that the government’s demand for loans to finance the deficit would eventually raise interest rates and hurt the economy. (For a less pessimistic view, see my summary of Stephanie Kelton’s The Deficit Myth, especially part 2.) Under Democratic leadership, Congress passed the Tax Reform Act of 1993, which reduced the deficit with a combination of tax increases and spending cuts. The top income-tax rate went up again, from 31% to 39.6%.

The Democrats suffered a major defeat in the 1994 midterms, losing the House for the first time in 40 years. Republicans ran on their Contract of America, which promised no tax increases. Newt Gingrich became Speaker of the House. The following year, House Republicans wrote much of their Contract with America into legislation. In addition to tax cuts, it included:

…a budget proposal to restructure and sharply limit Medicare and deeply cut Medicaid, welfare, job training, student loans, farm subsidies, and a host of other programs. It also proposed eliminating the commerce, education, and energy cabinet departments.

Clinton vetoed the Republican budget and stood by his more moderate plan. Republicans then shut down the government temporarily rather than pass the president’s budget. When public opinion turned against them, they finally gave in.

Clinton was reelected in 1996, but Republicans retained control of the House. In 1997, the two sides reached a compromise in which Republicans got some reductions in estate taxes and capital gains taxes (both mainly benefiting the wealthy), and Clinton got a $500 tax credit for families with low-to-middle incomes. In the following year, Republicans nearly succeeded in passing the Tax Code Termination Act, which called for ending all taxes except for payroll taxes. (It passed by 10 votes in the House but lost by one vote in the Senate.) The bill contained no plan for funding most of the government, given that payroll taxes normally go to fund Social Security, Medicare and Medicaid.

In the end, the tax breaks adopted in Clinton’s second term were not large enough to keep the government from achieving a balanced budget in 1998. Clinton’s moderate policy of combining tax increases with spending cuts had prevailed over the Republican agenda of radical tax cuts and draconian cuts in federal programs. For several years starting in 1998, the budget ran surpluses, but they were the last budget surpluses the country would see for a long time.

Continued


The Power to Destroy

May 24, 2024

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Michael J. Graetz. The Power to Destroy: How the Antitax Movement Hijacked America. Princeton: Princeton University Press, 2024

The title of this book comes from the classic statement by Chief Justice John Marshall in 1819, “The power to tax involves the power to destroy; the power to destroy may defeat and render useless the power to create.” Graetz ends his book by adding, “So, it turns out, does the power not to tax.”

Over the past half-century, advocates of low taxes have had some success in cutting taxes, especially taxes on high incomes and great wealth. Taxes in the United States are generally lower than taxes in other economically advanced democracies. “In 2021, counting state as well as federal taxes, U.S. taxes as a share of the economy were 7.5 percentage points lower than the average of the 38 OECD member countries.” Graetz is a tax lawyer, not an economist, so he describes the legislative and political accomplishments of the antitax movement more than he analyzes its economic consequences. Nevertheless, he is obviously skeptical that the benefits of low taxes outweigh the costs to society.

Sources of antitax sentiment

Graetz begins by saying that Americans have complained about taxes for a long time, but only since the late 1970s have so many joined together in an organized antitax movement. One reason for that is the unusual combination of income stagnation and inflation during that decade. Taxes were easier to tolerate when government seemed to be delivering strong economic growth without inflation. As times got tougher, the clamor for tax relief grew louder.

However, the reasons for antitax sentiment go deeper than that. Graetz argues that support for government programs to benefit the needy is lower in racially heterogeneous countries. The antitax movement was preceded by a time when the federal government was promoting civil rights legislation and funneling public money into a “war on poverty.” Since Blacks and Latinos were disproportionately poor, many whites felt that too many of their tax dollars were going to help people who were different from themselves, people who were often looked down upon. Southern whites especially left the Democratic Party in droves after it embraced civil rights. “The modern antitax movement rose and gained strength within the Republican Party alongside the party’s “Southern Strategy,” an electoral effort explicitly linked to racial division.”

Racial issues were also entwined with religion. Evangelical Christians were drawn to the antitax movement when the IRS was threatening to withdraw tax-exempt status from racially segregated religious schools. Republican activist Paul Weyrich, founder and first president of the Heritage Foundation, claimed that this issue enabled him to mobilize Christian conservatives more than abortion or school prayer. As president, Ronald Reagan sided with the churches against the IRS, saying that its effort to enforce racial integration “threatens the destruction of religious freedom itself.” He lost that battle when the Supreme Court ruled in favor of the IRS, but he won the hearts of many white Christians.

Another source of antitax sentiment was the increasing popularity of libertarian views, which were previously out of step with the pro-government sentiment of the New Deal and World War II era. The novels of Ayn Rand and the economic theories of Friedrich Hayek were dusted off and popularized. Their thinking celebrated the freedom to work and to enjoy the rewards of one’s own effort, not so much the obligation to support the collective good through government. Taxation was increasingly regarded as a threat to personal liberty and work incentive.

Many economists were turning away from Keynesian thought and rediscovering the glories of the unencumbered free market. Previously, economists had seen tax cuts as one tool that could stimulate a sluggish economy by increasing the demand for goods and services. But stimulating demand was not as clearly desirable when a sluggish economy was accompanied by double-digit inflation. Milton Friedman attracted attention and support by calling for tight monetary policy—high interest rates—to curb inflation. He also supported tax cuts, but for non-Keynesian reasons, to force government to cut spending and thereby reduce demand. In theory, cutting taxes would also give people more money to save and invest, which would stimulate the economy from the supply side, easing inflation. Cutting taxes for the wealthy should be especially effective, since they could afford to save and invest more.

The best-known supply-side economist was Arthur Laffer. He reasoned that if government taxes too little, it loses revenue. But if it taxes too much, it also loses revenue by discouraging people and businesses from producing as much as they could. There must be a happy medium, an optimal tax rate that produces the maximum revenue. Laffer always insisted that current tax rates were above the optimal rate, so that tax cuts would pay for themselves by actually increasing revenue. Few economists agreed, but Laffer’s argument became a major talking point in the antitax movement.

Graetz identifies three myths that motivated antitax crusaders:

(1) cutting taxes will increase government revenues, or, at the extreme, cutting taxes is the only way to raise government revenues; (2) lowering taxes will necessarily “starve the beast” by cutting government spending; and (3) reducing taxes at the top is the best way to grow the nation’s economy no matter the circumstances. These claims have been repeatedly debunked, but for more than four decades they have never disappeared from antitax advocates’ playbook.

One influential proponent of these ideas was The Wall Street Journal under the leadership of Robert Bartley.

Finally, the prospect of lower tax rates for the wealthy thrilled large political donors. They stood to gain the most from lower individual tax rates, lower corporate tax rates (which increased profits and shareholder dividends), lower capital gains rates (whenever they sold appreciated assets), and lower estate tax rates (when they left their fortunes to their heirs). Wealthy donors like Richard Mellon Scaife, Joseph Coors, and Charles Koch poured money into conservative think tanks like the Heritage Foundation and CATO Institute, which heavily promoted the antitax philosophy. “Money to organize meetings, produce favorable polls, generate supporting research by friendly experts, and contribute to political campaigns is more readily available to those who want to reduce their taxes than it is to their opponents.”

Proposition 13

The antitax movement began with a revolt against property taxes in California. The inflation of the 1970s had dramatically raised housing prices and property tax bills. But as with tax issues at the federal level, more was involved.

Property taxes financed public schools, but changing demographics and efforts to equalize spending across different kinds of districts undermined support for education funding. In the Los Angeles public schools, Black and Latino students were increasing in number, while many white students were leaving. In 1976, the California Supreme Court placed a limit on how much spending per pupil could vary from district to district across the state. The state legislature responded by redistributing some funds from wealthier districts to poorer ones.  Now richer homeowners could complain that their high property taxes were going to support someone else’s schools.

Proposition 13 was a referendum to amend the California state constitution in 1978. It called for limiting local property taxes to 1 percent of a property’s assessed value. It also required a two-thirds vote of the legislature to raise any state or local taxes. The amendment passed with most white voters supporting it and most black voters opposing it.

Graetz describes some of the results:

California ranked fourth among the states in per capita income, but after the enactment of Proposition 13, the state dropped to thirty-first in public school spending per child. Other services also suffered: community colleges, police departments, public hospitals and health programs, public works, local parks, and welfare and social services.

California was the first, but within the next four years, thirty-four other states cut property taxes too.

Reaganomics

The antitax movement soon targeted federal taxes. In the 1980 presidential election, Ronald Reagan campaigned on the promise that he could cut taxes, increase military spending, but still balance the federal budget by cutting other spending. President Reagan fulfilled the tax-cutting part of his promise with the Economic Recovery Act of 1981. This act immediately reduced the top bracket income tax rate from 70% to 50% and phased in cuts for lower brackets over the next two years. It created large tax savings for businesses and real estate investors by allowing them to deduct the cost of new investments more quickly. “New tax benefits for business were so generous that corporate tax receipts declined from about 15 percent to less than 9 percent of federal revenues.” The law provided additional benefits for the wealthy by cutting estate taxes and creating new ways for them to shelter income from taxation.

To assess the fiscal impact, I supplement the book with Federal Reserve Economic Data (FRED) from the Federal Reserve Bank of St. Louis. Between 1980 and 1983, federal receipts fell from 18.1 percent of GDP to 16.5 percent, while federal outlays rose from 20.7 percent of GDP to 22.2 percent. That means that the federal deficit rose from 2.6 percent of GDP to 5.7 percent, the highest since World War II.

The ink was hardly dry on the 1981 tax bill when pressure began to build in Congress for a change of direction. The Tax Equity and Fiscal Responsibility Act of 1982, which passed with bipartisan support, recouped some of the lost revenue by cracking down on underreported income. Reagan wasn’t happy, but he signed it in order to hold the deficit down.

The Tax Reform Act of 1986 also recovered some revenue by placing limits on tax shelters. But this time much of the gain in revenue was offset by another rate reduction for high earners. The bill replaced the many tax brackets ranging from 11 to 50 percent with just two rates, 15 and 28 percent. Taxpayers with high incomes got another windfall, while those with low incomes were protected from a tax hike by increases in the standard deduction and personal exemption.

By the end of Reagan’s administration, moderation of tax cutting and reductions in domestic spending brought the deficit down from 5.7 percent of GDP to 3.0 percent. Still, over the course of his eight years, “President Reagan added nearly twice as much to the federal debt as was accumulated during all of the presidencies that preceded him.” His tax cuts had neither paid for themselves nor forced equivalent cuts in spending.

In the 1980s, Congress still included many Republican moderates like Bob Dole, who were willing to raise taxes in order to keep the gap between receipts and outlays from growing too large. Over the next few years, positions would harden, so that Republicans united to resist any tax increases, regardless of economic or fiscal conditions.

Continued