Posted on 04/14/2015 6:10:50 AM PDT by cotton1706
Most Americans are displeased by Congress’ performance in exercising its constitutional power over the federal purse strings. As we approach Tax Day 2015, I propose that we, the people, exert our own constitutional power to discipline a fiscally irresponsible federal institution.
The modern, all-encompassing income tax is a product of Congress’ use of a constitutional process to increase its own power by removing the limitation on its power to tax the American people.
In 1895, the Supreme Court ruled in Pollock v. Farmers Loan & Trust Company that certain types of income taxes levied by Congress were “direct taxes” and therefore impermissible under Article One, Section Nine of the Constitution because they had not been apportioned by population.
In response to this ruling, Congress took up its amendment-proposing power under Article Five of the Constitution and proposed the adoption of what we now recognize as the 16th Amendment.
While this power to tax all income without apportionment may not necessarily be bad national policy, few would say that Congress wields its taxing power judiciously. This, combined with the current, broad interpretation of its spending power, has produced a federal financial disaster.
Hard-working Americans dutifully send the fruits of their labors in to the federal coffers, then watch in horror as those hard-earned dollars are spent on such projects as studying the effect of Swedish massage on rabbits.
We wonder how such spending could have possibly been approved by elected officials, as day after day we hear the reports of a mind-numbing national debt of (conservatively) over $18 trillion.
(Excerpt) Read more at theblaze.com ...
Ping
CONgre$$
CIRS - Citizens Intenal Revenue Service should confiscate every asset of our past and current $lavemasters. They have turned the republic into a looting machine for elites, oligarchs, socialists, totalitarians. We the people, pay and die for these SCUMBAGS.
We have ZERO representation and $18,186,717,800,677 of debt as of this post. A volunteer, part-time legislature can reverse the debt clock and put us on the road toward a free republic by defunding and dismantling these socialist constructs, agencies, ngos…foreign and domestic.
--That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
1. “As with amendments proposed by Congress, those proposed at a convention of states . . . “
and,
2. “This Article Five Convention of States process has never before been used, because 34 states have never before agreed upon a single purpose, or agenda.”
From Article V, “The Congress. . . shall call a convention for the purpose of proposing amendments . . . “
The record of the 1787 Federal Convention, and state ratifying conventions are clear.
There is no need for 2/3 states to submit identical applications. The framers purposely designed a low enough, reasonable hurdle for the states to clear before gathering in convention. OTOH, the 3/4 requirement to ratify is high enough to ensure the vast majority approve any changes.
What I would like to see is a state / person trust established that would shield all income put into the account to be non-taxable. Like a Inheritance Trust.
I wouldn’t trust the state, so the administrator would have to be someone like a bank or a credit union.
Article V ping.
To put it simply, Congress has not been a good steward of our tax dollars. Any increase in tax rates—without a decrease in spending—would force us to throw good money after bad.
It’s time for us to tell the feds that those tax dollars it so freely bestows belong to the hands that earned them.
Term limits and Balanced Budget already.
For those who think the Article V process is too risky, I ask, "What other options do you see?"
To summarize from a previous post by GraceG, I see it as:
1. Elect More Republicans - Failed due to RINO/Uni-party confluence.
2. Article V Convention of States to propose Amendments - Needed to try to take power from the federal government back to the states and reel in the federal leviathan.
3. State Nullification - Last ditch effort to try to take power back from the federal monster, though by this point it may be too late.
4. State Secession - Could either end up peaceably like the breakup of the Czechoslovakia in 1993 or a brutal:
5. Civil War II like the first one.... The longer we wait on #2, the more likely #3, then #4 and finally #5. .
Quick review: We need 34 states to pass an application, then Congress shall, by law, call a Convention of States as soon as it receives applications from 2/3 of the State Legislatures. That's 34 states. We now have 30 working on it. Amendments are proposed and voted on at the convention. Each Amendment must be ratified by ¾ of the states in order to become part of the US Constitution. That’s 38 states.
“There are far more political and legal constraints on a runaway convention than on a runaway Congress.” - Robert Natelson
Most FReepers are aware of these links, but I post anyway for review and for people new to Article V. It is our responsibility to make Article V the most understood aspect of the US Constitution.
****Please see this summary video from Alabama first: Convention of States - Alabama Way to go Alabama! A great introduction!
Rep. Bill Taylor introduces a Convention of States
The Case for an Article V Convention. Great explanation of an Article V convention to the Massachusetts State Legislature.
**** Convention of States Lots of information here.
Call a Convention A call for a Convention of States
Article V Project to Restore Liberty Another good source.
Convention of States model Resolution
A Summary of Mark Levin’s Proposed Amendments by Jacquerie
Chapter 1 of Mark Levin’s Book, The Liberty Amendments
Mark Levin, Constitution Article V, and the Liberty Amendments
Mark Levin: “The Liberty Amendments” - Complete Sean Hannity Special + other Links
List of Mark Levin You Tube Videos
Mark Levin Article V, Liberty Amendments youtube video hub
Three hour video of C-Span interview with Mark Levin
*** Mark Levin’s ALEC Speech, Dec 4, 2014
Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.
Mark Levin’s “Liberty Amendments” Sean Hannity Special
We can fight the uniparty! States, the Natural Second Party by Jacquerie
Convention to Propose Amendments to the United States Constitution
The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process
Friends of Article V Convention Links
Congress’ Present Duty to Call a Convention:
Congress’ Present Duty to Call a Convention. (Part I)
Congress’ Present Duty to Call a convention. (Part II)
Congress’ Present Duty to Call a Convention. (Part III)
Congress’ Present Duty to Call a Convention. (Part IV)
Congress’ Present Duty to Call a Convention. (Part V)
Congress’ Failure to Call an Amendments Convention. (Part VI)
Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th! Shorter Abstract here: Ulysses at the Mast, one page Abstract
****For those of you that still have doubts about the Article V process, please review: Responses To Convention Of States Opposition My initial concerns were resolved after reading these articles. My attitude now is Go For It!
Update: Convention of States by the numbers The current State count
Convention of States Gaining Momentum
Article V Handbook - for State Legislators An important resource.
**** State Legislators Article V Caucus State Legislators, Join up at this site!
Most State Legislatures are in session now. Send this list of links to your State Representatives and Senators here: Contact your State Legislators.
Sample Letter to state Representatives regarding the Convention of States Project and also, Talking Points.
Excellent Article V Letter to a State Assemblyman by Jacquerie
"All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke.
Let’s all work together to get this going!
We need to repeal the 16th amendment. Strip the congress of the ability to write tax law. Impose a national sales tax at a rate fixed by the Constitution. Fix congressional spending constitutionally as a percentage of GDP. If congress wants to spend more, they can encourage business activity. Forbid property taxes constitutionally. There are more things that need to be done but this would fix the tax and spend issue.
I know how Texas can, become it’s own Republic again.
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