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Sen. Ted Cruz Condemns Marketplace “Fairness”Act

by Nan Swift / /

In a scathing op-ed at RealClearPolitics.com yesterday, Senator Ted Cruz (R-TX) launched a bold attack on S. 743, the Marketplace Fairness Act (MFA). The Senate is preparing to vote on final passage of the destructive tax legislation later today, and taxpayers can only hope that more Senators will take notice of the many serious reasons to oppose the bill that Cruz lays out:

The misleadingly titled Marketplace Fairness Act is a job-killing tax hike, plain and simple. It is, in effect, a national Internet sales tax, which would hammer the little guy and benefit giant corporations.

Senators who vote for it are voting to impose audits, compliance costs, lost wages, and inefficiency on small businesses in every state. And they are potentially crippling an engine of new job creation at a time of economic struggle. This bill will not create jobs; it will not create new opportunities; and it will not create the economic growth our country needs and our people deserve.

The Senator goes on to explain that “Big business supports this bill because it will drive smaller competitors off the Internet and out of business.” When our economic growth is still in jeopardy and newly minted college graduates are facing a dismal jobs market, to support legislation that spells death by a thousand cuts via costly burdens for small businesses is legislative malpractice.

Sen. Cruz also points out what should be a fundamental concern to Senators:

Last but not least, this bill doesn’t pass constitutional muster. The MFA overturns the fundamental idea that states’ taxing authority ends at their borders. The Supreme Court has said that an out-of-state business could subject itself to a state's taxing power if due-process concerns are satisfied, namely that the business purposefully targets its activities in that state. But because pure Internet sales by their nature don't target any one state, this legislation presents a serious constitutional problem.

It is definitely worth your time to read the whole thing. But the anti-MFA fun doesn’t stop there, Sen. Cruz kept up the attack by posting this awesome video with a short, to the point, explanation of exactly what is at stake if the dreaded MFA passes.


You can help support Sen. Cruz’s fight against MFA by calling your Senators TODAY. It will only take two minutes (one for each Senator) and your call could make a big difference in this important fight. Go here to find our toll-free taxpayer hotline and more information on how you can join the fight.