The debate over Initiative 1098, which seeks to create a state income tax on higher income residents, is part political and part legal.
The political question will be decided at the general election. That is, are there enough votes to pass an initiative that seeks to trade some tax cuts for the new income tax.
The legal question will take longer to resolve. Current case law in Washington is that income is a form of property and therefore is covered by two existing provisions in the state constitution. Those are that all property must be taxed uniformly and that regular …