To: hedgetrimmer
You have a quaint idea that the:
"National Sales Tax is unconstitutional"
... since it clearly is nothing of the sort. Please present your reasoning on why you think it might be. The FairTax is actually in the nature of an excise which certainly is specifically enumerated under the Constitution.
There have been threads on this in the past and the FairTax comes away with being as constitutional as can be.
42 posted on
01/14/2006 9:24:25 AM PST by
pigdog
To: pigdog
Section VIII --- The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States
The National Sales Tax is not an Excise. It is not a specific, fixed, absolute charge on a particular commodity. It is a general, percentage-based and therefore variable (based on variable market price) Tax which is charged universally on all transactions, commodities or services.
The National Sales Tax is not a Duty or Impost. It is not a tax solely levied on imports or exports.
Section IX --- No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken
The National Sales Tax is not a Direct Tax proportional to the actual census of the population of the Several States. It is a Direct Tax which is proportional to consumption - which can vary a great deal from State population to State population.
It is not a Constitutional Tax.
It is, however, an "absolute violation" of the Commerce Clause, by Unconstitutionally introducing the Taxing Power of the Federal Government into the transactions of one man with another, internally transacting commerce within the boundaries of the Sovereign State.
--Robert S. McIntyre, New York Times, Jan. 25, 1998
44 posted on
01/14/2006 9:40:20 AM PST by
hedgetrimmer
("Free trade". The wealth building system for communists. Contact Jiang Zehmin, Beijing for more info)
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