Why is judicial activism more of a Constitutional issue than taxation activism?

While generally pleased with efforts to simplify or reduce taxation, I am curious at the lack of Constitutional arguments. Discussions of judicial activism revolve around the Constitution and questions of it’s original intent. Taxation on the other hand appears to escape all Constitutional and historical consideration. A brief look to History of the Income Tax shows Constitutional restraint on taxation, so why is this not part of today’s call for reform? If Constitutional arguments are valid on one issue they should be effective on all.

Thanks to Rooftop Blog for starting me thinking on this.

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