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To: In veno, veritas
Not when legislation is in an omnibus bill; that requires that one must expire prior to another being in place.

You cannot repeal a constitutional amendment by legislative vote. As long as the government has the power to level an income tax through the 16th amendment, there will be income taxes. The ONLY way this will ever work if ro the 16th Amendment to be repealed. That can ONLY be done through another amendment to the constitution.

123 posted on 01/14/2008 1:54:26 PM PST by Bryan24 (When in doubt, move to the right..........)
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To: Bryan24
The 16th amendment gives the authority to do an income tax, but the practice is in legislation. The 16th in no way mandates an income tax must be used. You can end the income tax by legislation in an omnibus bill, but I’ll agree to strip the gov’t of it’s income tax power would require a joint resolution and other stuff.
131 posted on 01/14/2008 2:12:17 PM PST by In veno, veritas
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To: Bryan24
As long as the government has the power to level an income tax through the 16th amendment, there will be income taxes.

That's a cynical -- though it might be justifiably cynical -- reading of human nature. It is not true as a point of law. The 16th amendment gives Congress the power to tax incomes -- not a requirement. If a majority of both houses of Congress vote to abolish the income tax and the president signs the bill, the income tax is gone.

Then the battle becomes repealing the 16th to ensure it doesn't come back again. But as my daddy taught me in repairing things, focus on the easy fix first -- don't replace the fuel pump on you car without first checking if you're out of gas. Don't rewire the whole fuse box without first checking if you have a dead light bulb. If your dog gets out, don't replace the whole fence without first checking whether you left the gate open.

138 posted on 01/14/2008 2:36:06 PM PST by ReignOfError
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