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On December 3,on national television,Sen. Rand Paul blamed politicians who pass cigarette tax laws for the death of Eric Garner, who died in a struggle with New York City police officers after he was arrested for sellingloose cigarettes. The junior senator from the Bluegrass State (thenumber two tobacco-producing statein the U.S.) isnot the firstnor willhe be the lastconservative to make this argument. Of course, everybody has the right to complain about the problems caused by high taxes. But to blame New York tax policy for the tragedy in Staten Island is opportunistic overreach. We have taxes that are lawfully enacted. Unless you are living in some fairyland, tax laws must be backed up by law enforcement. In 1794President George Washington himself led an army of 13,000into western Pennsylvania to enforce a federal tax on whiskey. The debate about the death of a father of six selling cigarettes on the street should stay focused on police tactics about how and why New York City police used deadly force in this case not on the popularity of the laws being enforced.

There are, however, some good points to be made by conservatives while the national spotlight is shining on New Yorks cigarettes taxes. Lets take a step away from the impassioned headlines and half-baked sound bites and examine the policy and politics behind cigarette taxes. For years I have been swimming against the tide andarguing that cigarette taxes are too high. There are two reasons. First, as a practical matter, sky-high cigarette taxes ($5.85 a pack in New York City) areextremely difficult to enforce. The opportunities for arbitrage are irresistible. Multinationals earn profits in the United States and book them in tax havens. Smugglersbuy cigarettes in Virginia(where the tax is 30 cents a pack) and sell them in Staten Island. The tax difference is more than $50 a carton. Whether its corporate profits or cigarettes, stuff that moves easily over borders is hard to tax.

Second, and more importantly, high cigarette taxes are unfair. Government statistics show that smokers are generally less educated and poorer than the population as a whole. And because they smoke, they are likely to live less healthy and shorter lives than the general population. The onerous taxation of smokers is doling out extra pain to people who already have enough problems. Of course, there is some good from cigarettes taxes to the extent they discourage smoking. But there are still42 million smokersin the United States. Nicotine is extremely addictive. These folks should elicit our compassion, not our contempt. And if we are going to fine them for their sins, the revenues should not inure to our benefit.

Now, about the politics. The unfairness of high cigarette taxes is a perfect issue for Republicans who are trying to make inroads with working-class voters. Unlike in the past, todayRepublicans are no longer minimizing the plight of the poor and the power of corporations. Thats because they know that if they ever want to win the White House again, they must directly address the economic insecurity of the vast majority of middle-income Americans whose paychecks have hardly grownin two decades. By endorsing the heavy taxation of cigarettes, Democrats play into the hands of Republicans who like to portray them aselitistswho are out of touch with the struggles of regular people.

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Rand Paul Puts Chokehold On Cigarette Taxes -- He's Got A Point