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To: donmeaker
The 16th Amendment has nothing to do with “direct taxes” nor repeals the constitutional command that No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

I might add, our very own Supreme Court has confirmed direct taxes are still required to be apportioned! See EISNER v. MACOMBER , 252 U.S. 189 (1920), decided after the 16th Amendment’s adoption. The Court states with regard to the 16th Amendment and apportionment:

‘a proper regard for its genesis, as well as its very clear language, requires also that this amendment shall not be extended by loose construction, so as to repeal or modify, except as applied to income, those provisions of the Constitution that require an apportionment according to population for direct taxes upon property, real and personal, this limitation still has an appropriate and important function, and is not to be overridden by Congress or disregarded by the courts.”

And nine years after the above case, the court again pointed out “As the present tax is not apportioned, it is forbidden, if direct.” ___ BROMLEY v. MCCAUGHN, 280 U.S. 124 (1929)

JWK

They are not “liberals”. They are conniving Marxist parasites who use the cloak of government force to steal the profits, gains and income which wage earners, business and investors have worked to create

30 posted on 09/23/2012 4:58:30 PM PDT by JOHN W K
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To: JOHN W K

But Tariffs are not direct taxes, nor are income taxes. Nor are fees, nor are excise taxes.


33 posted on 09/23/2012 5:34:31 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: JOHN W K
The 16th amendment was in response to Pollock . Income from wages was, an indirect tax. Income from property was, per Pollock, a direct tax. The 16th Amendment permitted taxes on Income from what ever source, to be treated as an indirect tax, and thus, not subject to apportionment.
70 posted on 09/29/2012 10:55:13 AM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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