In the new Congress, the first law Elizabeth Warren should propose

[pnwmom]

Last edited Tue Oct 11, 2016, 03:31 PM - Edit history (4)

should require any candidate nominated to the General Election to submit the last ten years of tax returns -- or to allow the IRS to release them.

We should be able to unite on this in a non-partisan way, since so many Republicans will realize that a law like this would have stopped Trump long ago. It would probably have kept him from ever entering the race.

ON EDIT: A law like this has already been proposed, except it only asks for 3 years of tax returns. Also, it is already true that everyone nominated to a position requiring Senate confirmation must submit tax returns.

http://www.forbes.com/sites/kellyphillipserb/2016/05/25/senate-bill-would-require-presidential-candidates-including-tax-to-release-tax-returns/#72fc38127b3f

There is no law that says that a presidential candidate must release his or her individual tax returns to the public, but at least one member of Congress thinks there should be. Senate Finance Committee Ranking Member Ron Wyden (D-OR) has introduced a bill which would require presidential nominees to release recent tax returns.

The bill, called the Presidential Tax Transparency Act, would require a presidential candidate to release the most recent three years of tax returns to the Federal Election Commission (FEC) within 15 days of becoming the nominee at the party convention. If the candidate refuses to comply, the Treasury Secretary would provide the tax returns directly to the FEC for public release.


http://www.nytimes.com/2016/05/26/us/politics/tax-returns-candidates-donald-trump-senate.html

He also pointed out that all nominees for federal posts subject to Senate confirmation are required by the Finance Committee to submit tax return information.

[TexasProgresive]

1. Great, but I don't think it would pass court muster

It would require an amendment to the constitution.

[pnwmom]

3. It turns out that a similar law has already been proposed.

http://www.forbes.com/sites/kellyphillipserb/2016/05/25/senate-bill-would-require-presidential-candidates-including-tax-to-release-tax-returns/#72fc38127b3f

[TexasProgresive]

4. I still don't think it will get by even a liberal supreme court.

It would be very difficult to have a law that is constitutional that would force anyone to release their private papers. While I applaud all of the former candidates that released their tax returns, it would be worrisome to see any further dilution of the 4th Amendment.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[pnwmom]

5. Supreme Court Justices all had to submit their tax returns

in order to be confirmed by the Senate.

So maybe they wouldn't be as against it as you think.

http://www.nytimes.com/2016/05/26/us/politics/tax-returns-candidates-donald-trump-senate.html

He also pointed out that all nominees for federal posts subject to Senate confirmation are required by the Finance Committee to submit tax return information.

[TexasProgresive]

7. Is that made public or only to the Judiciary committee?

[pnwmom]

9. I don't know. n/t

[bettyellen]

2. Also standards for news media need to be reintroduced

[MineralMan]

6. Such a law would not pass a constitutional test.

The requirements for President are written in the Constitution, as is the Fourth Amendment. There is no way to require a presidential candidate to release private records. It would be struck down in the first federal court that got the case and the SCOTUS would simply refuse to hear it.

It's a great idea, but won't happen.

[pnwmom]

8. We already require Supreme Court Justices to submit their tax returns

in order to be confirmed. So they might disagree.

[MineralMan]

10. Different situation. They are not elected officials.

Members of Congress and Senators are not required to release tax records, either. Nor will they be.

Where the Constitution spells out qualifications for elected offices, those are the qualifications. There's no way that conditions can be added to them, I believe. Not and get past the SCOTUS.

Such a law would lead to every city council member candidate being required to do the same. It will not happen.

[pnwmom]

11. The parties are private organizations. Could the major parties agree to require

their nominees to submit returns before nomination?

[MineralMan]

12. They could, but they won't.

Once that door is opened, all politicians would be forced to do that, and our congressional folks know that. They'll have nothing to do with the idea.