1 Constitutional Limitations on State Taxation

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Lyrics

[Verse 1]
States want taxes from every corporation
But the Constitution sets the foundation
Due Process Clause demands a nexus clear
Before they can collect what they hold dear
Physical presence once ruled the game
Till Wayfair shifted who bears the blame

[Chorus]
Four-part test from Complete Auto Transit
Substantial nexus, fairly related, can't ban it
Non-discriminatory, fairly apportioned too
Commerce Clause protection coming through
Nexus, fairness, no discrimination
Constitutional limits across the nation

[Verse 2]
South Dakota versus Wayfair broke the mold
Economic nexus, new story told
Two hundred thousand or hundred thousand sales
Physical presence rule finally fails
Online commerce couldn't hide away
Economic activity marks the day

[Chorus]
Four-part test from Complete Auto Transit
Substantial nexus, fairly related, can't ban it
Non-discriminatory, fairly apportioned too
Commerce Clause protection coming through
Nexus, fairness, no discrimination
Constitutional limits across the nation

[Bridge]
Public Law eighty-six dash two-seven-two
Protects solicitation, nothing else will do
Tangible personal property sales alone
Safe harbor keeps you in the zone
Dormant Commerce Clause strikes down
Taxes that favor the hometown

[Verse 3]
Interstate commerce needs breathing room
Discriminatory taxes spell their doom
Equal treatment for the out-of-state
Constitutional balance seals their fate
Federal oversight keeps states in check
Commerce flows without the wreck

[Chorus]
Four-part test from Complete Auto Transit
Substantial nexus, fairly related, can't ban it
Non-discriminatory, fairly apportioned too
Commerce Clause protection coming through
Nexus, fairness, no discrimination
Constitutional limits across the nation

[Outro]
Due Process, Commerce Clause combined
Constitutional boundaries well-defined
State taxation power has its place
But federal limits set the pace

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