If the legislature doesn't vote on a tax can it legally be imposed on the people? Would it not fall into the realm of taxation without representation? Or are we so far down the road that they don't care and will do it anyway? In your face.
This matter was the basis for the Declaration of Independence and was settled through a Revolutionary War by the People. It was not a Constitutional matter litigated in Federal courts.
Tyrants don't respect or abide the Law, or its processes and artifacts.