Taxing capitol gains more would be a bigger load on retirees who have invested well than on the one percent.
The more money you have the more you are motivated to invest wherever the taxes aren't, the fortunes of the very wealthy are more nimble than the nest eggs of our retired citizens.
Lots of laws of this sort have greater unintended consequences than intended effects.
It always seems suspicious , because the Congress is a collection of millionaires , those few congressmen who are not very wealthy are dependent on contributions from lobbyists and partisans that are .
So even though there is great political reward in promising to soak the rich, motive to actually do so is low.