Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Brian Griffin
“Did you forget about Article I, Section 9, Clause 4? This is an unconstitutional direct tax.”

That clause probably was effectively nullified by Amendment XVI over a century ago.

“It’s a tax on your past income.”

Someone else wrote that a short time ago.


Article I, Section 9, Clause 4: "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken."

Amendment XVI: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

What part of 16th Amendment nullifies the Direct Tax Clause with regard to a wealth tax?

The tax you propose is not a tax on "past income." It is a federal property tax, which is precisely the sort of direct tax that is prohibited by the Direct Tax Clause unless apportioned among the States according to the census.
136 posted on 08/01/2018 2:30:06 PM PDT by The Pack Knight
[ Post Reply | Private Reply | To 116 | View Replies ]


To: The Pack Knight

“What part of 16th Amendment nullifies the Direct Tax Clause with regard to a wealth tax?”

In my opinion, The “16th Amendment nullifies the Direct Tax Clause”, period.

The Supreme Court may disagree.


153 posted on 08/01/2018 3:04:49 PM PDT by Brian Griffin
[ Post Reply | Private Reply | To 136 | View Replies ]

To: The Pack Knight

Article I, Section 9, Clause 4: “No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.”

There could be an April 14 and an April 15 tax.

The April 14 tax could be a mix based on income and wealth, with fixed rates on wealth and variable rates on income by state, drawing equally on a per capita basis.

The April 15 tax would be a pure income tax, with complementary rates by state.

Article I, Section 9, Clause 4 isn’t going to shield left-leaning billionaires, so they had better lean right.


163 posted on 08/01/2018 3:51:50 PM PDT by Brian Griffin
[ Post Reply | Private Reply | To 136 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson