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To: ancient_geezer

The federal government is still exercising undue authority on the state's, by telling them, you will have this law, you will collect for us, there's no way around it.

That is firmly against the principles of state's rights.

You still have a federal government bureaucracy, my solution (which is somewhere on this thread, but I'll repeat)

The only federal functions should be the military and some base law enforcement

Everything else goes to the states, they want a welfare state in their state boundary, lovely, they want to create a Libertarians paradise, so be it.

Each state would contribute a percentage of it's revenue, however it decides to collect it, to the feds for law enforcement and defense.

Part II: What do you do if a governor decides, we're not complying with the sales tax. Are you really willing to send in federal troops to protect a national sales tax.


518 posted on 06/11/2005 12:13:15 PM PDT by AzaleaCity5691 (Farragut got lucky, if we had been on our game, we would have blasted him off Dauphin Island)
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To: AzaleaCity5691

The federal government is still exercising undue authority on the state's, by telling them, you will have this law, you will collect for us, there's no way around it.

That is firmly against the principles of state's rights.

Sorry, it is at the State's option to do so, not their obligation, for which they receive a consideration acting as agent for the national government.

Once again, read the bill before spouting off:

 

H.R.25

Fair Tax Act of 2005 (Introduced in House)
http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.25:


`SEC. 1. PRINCIPLES OF INTERPRETATION.

`(a) In General- Any court, the Secretary, and any sales tax administering authority shall consider the purposes of this subtitle (as set forth in subsection (b)) as the primary aid in statutory construction.

`(b) Purposes- The purposes of this subtitle are as follows:

  • `(6) To increase the role of State governments in Federal tax administration because of State government expertise in sales tax administration.
  • `(7) To enhance generally cooperation and coordination among State tax administrators; and to enhance cooperation and coordination among Federal and State tax administrators, consistent with the principle of intergovernmental tax immunity.

`(c) Secondary Aids to Statutory Construction- As a secondary aid in statutory construction, any court, the Secretary, and any sales tax administering authority shall consider--

  • `(3) construe any ambiguities in this Act in favor of reserving powers to the States respectively, or to the people.

`CHAPTER 4--FEDERAL AND STATE COOPERATIVE TAX ADMINISTRATION

`SEC. 401 AUTHORITY FOR STATES TO COLLECT TAX.

`(a) In General- The tax imposed by section 101 on gross payments for the use or consumption of taxable property or services within a State shall be administered, collected, and remitted to the United States Treasury by such State if the State is an administering State.

`(b) Administering State- For purposes of this section, the term `administering State' means any State--

`(1) which maintains a sales tax, and

`(2) which enters into a cooperative agreement with the Secretary containing reasonable provisions governing the administration by such State of the taxes imposed by the subtitle and the remittance to the United States in a timely manner of taxes collected under this chapter.

`(c) Cooperative Agreements- The agreement under subsection (b)(2) shall include provisions for the expeditious transfer of funds, contact officers, dispute resolution, information exchange, confidentiality, taxpayer rights, and other matters of importance. The agreement shall not contain extraneous matters.

`(d) Timely Remittance of Tax-

`(1) IN GENERAL- Administering States shall remit and pay over taxes collected under this subtitle on behalf of the United States (less the administration fee allowable under paragraph (2)) not later than 5 days after receipt. Interest at 150 percent of the Federal short-term rate shall be paid with respect to amounts remitted after the due date.

`(2) ADMINISTRATION FEE- An administering State may retain an administration fee equal to one-quarter of 1 percent of the amounts otherwise required to be remitted to the United States under this chapter by the administering State.

  • `SEC. 402. FEDERAL ADMINISTRATIVE SUPPORT FOR STATES.
  • `SEC. 403. FEDERAL-STATE TAX CONFERENCES.

`SEC. 404. FEDERAL ADMINISTRATION IN CERTAIN STATES.

`The Secretary shall administer the tax imposed by this subtitle in any State or other United States jurisdiction that--

`(1) is not an administering State, or

`(2) elected to have another State administer its tax in accordance with section 401(g).

  • `SEC. 405. INTERSTATE ALLOCATION AND DESTINATION DETERMINATION.
  • `SEC. 406. GENERAL ADMINISTRATIVE MATTERS.

 

You still have a federal government bureaucracy, my solution (which is somewhere on this thread, but I'll repeat)
The only federal functions should be the military and some base law enforcement

And forgotten a couple of others like regulate the money supply, administer the nation's debt, etc. and primary of all to accomplish the rest is to pay the nation's bills through taxation in a uniform manner wherever you are in the United States:

Constitution for the United States of America:

 

Everything else goes to the states, they want a welfare state in their state boundary, lovely, they want to create a Libertarians paradise, so be it.

Including a power to collect taxes, even for the federal government if they so choose to do so.

 

Part II: What do you do if a governor decides, we're not complying with the sales tax.

You really should try reading the bill:

 

H.R.25

Fair Tax Act of 2005 (Introduced in House)
http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.25:


`SEC. 401 AUTHORITY FOR STATES TO COLLECT TAX.

  • `(e) Limitation on Administration of Tax by United States- The Secretary may administer the tax imposed by this subtitle in an administering State only if--

`(1)(A) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or

`(B) such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2);

`(2) the State has failed to cure such alleged failures and breaches within a reasonable time;

`(3) the Secretary provides such State with written notice of such alleged failures and breaches; and

`(4) a District Court of the United States within such State, upon application of the Secretary, has rendered a decision--

`(A) making findings of fact that--

`(i) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2);

`(ii) the Secretary has provided such State with written notice of such alleged failures and breaches; and

`(iii) the State has failed to cure such alleged failures and breaches within a reasonable time; and

`(B) making a determination that it is in the best interest of the citizens of the United States that the administering State's authority to administer the tax imposed by this subtitle be revoked and said tax be administered directly by the Secretary.

The order of the District Court revoking the authority of an Administering State shall contain provisions governing the orderly transfer of authority to the Secretary.

  • `(f) Reinstitution- A State that has had its authority revoked pursuant to subsection (e) shall not be an administering State for a period of not less than 5 years after the date of the order of revocation. For the first calendar year commencing 8 years after the date of the order of revocation, the State shall be regarded without prejudice as eligible to become an administering State.

 

Are you really willing to send in federal troops to protect a national sales tax.

Are you really willing to not enforce the Supreme Law of the Land and not enfoce the Laws of the Union, and suppress insurrections in any such situation?

Constitution of the United States

Section 8 The Congress shall have Power

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

I would certainly hope that any law a governor or anyother official of state, national would be enforced. With the state's own law enforcement sworn to that duty, as would normally be the most that is needed, With militia if that is what is required.

Bottomline, State's governors are just as subject to the laws of the nation and the constitutions of their states as anyone else is.

521 posted on 06/11/2005 1:00:14 PM PDT by ancient_geezer (Don't reform it, Replace it!!)
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