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Repeal the 16th Amendment
worldnetdaily.com ^ | 11/20/02 | Ilana Mercer

Posted on 11/23/2002 11:02:34 AM PST by winner45

This is a WorldNetDaily printer-friendly version of the article which follows.
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Wednesday, November 20, 2002



Repeal the abominable 16th Amendment!


Posted: November 20, 2002
1:00 a.m. Eastern

By Ilana Mercer


© 2002 WorldNetDaily.com

"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."
–The 16th Amendment

What are we to make of the idea Washington is floating of replacing tax on income with a national sales tax? The Cato Institute has described it as "simpler, more efficient, pro-growth and fairer to taxpayers." And I must be missing something because I thought we already paid taxes on products and services. In addition to states where a sales tax already exists, sizeable portions of the prices we pay are taxes. The quandary as to whether an indirect consumption tax is better than taxes on income masks what's probably in the offing.

Once a tax is pushed through it seldom disappears. Last I looked, government at all levels was consuming approximately 47 percent of the national income and growing. A reversal of the trend is almost unheard of among developed nations. To keep the State in style, consumption taxes will have to go through the roof. On the plus side, the consumer can opt out, something he can't do with a tax on income. On the downside, should he "choose" not to purchase, the consumer may starve or be destined to a rather austere life.

In all likelihood, "tax reform" will leave us with the income tax in addition to more consumption taxes. Hopes realistically must be much more modest. Let the idea of a tax reform, for once, engender a discussion about First Principles, the kind Americans of the 19th century had and were capable of having.

However contemptible taxes on consumption are, Frank Chodorov insisted that taxes on income and inheritance were "different in principle from all other taxes." In the seminal work, "The Income Tax: Root of all Evil," he elaborates:

The government says to the citizen: "Your earnings are not exclusively your own; we have a claim on them, and our claim precedes yours; we will allow you to keep some of it, because we recognize your need, not your right; but whatever we grant you for yourself is for us to decide."

Fundamentally, taxes on income imply a complete denial of private property, which is what socialism is in all its permutations; it rejects man's absolute and natural right to his property and vests property rights in the political establishment. The 16th Amendment did just that. When they incorporated the Amendment into the Constitution, Americans said a resounding "yes" to socialism.

Make no mistake: What's staving off communism is not the Constitution. If it so chooses, Congress has constitutional imprimatur to raise taxes to 100 percent of income, an odd thing considering the Declaration of Independence vests the source of man's rights in the Creator, not in government.

Philosopher Ayn Rand explained the source of man's rights with reference to man's nature. "Rights are conditions of existence required by man's nature for his survival," she wrote in "Atlas Shrugged." Be it the nature of man or divine law, "congressional law" is never the source of man's rights – it is merely entrusted with protecting the rights with which man is imbued.

This, the 16th Amendment corrupted.

In order to survive, man must – and it is in his nature to – transform the resources around him by mixing his labor with them and making them his own. Man's labor and his property are extensions of himself. As Chodorov elucidates, the right of ownership is an extension of the right to life. If ownership is not an absolute right but is instead subject to the vagaries of majority vote, then so is the right to life.

Statists will always counter by claiming that if not for the State, man would be unable to produce. Poppycock! Production predates government predation. Government doesn't produce wealth – it only consumes it. What, pray tell, would government have fed off if man were not hard at work well before the advent of the bureaucracy? That's like saying that the tick created the dog! As usual, the statists have it topsy-turvy. First came man – he is the basic unit of society, without which there can be no society. And without man's labor there is no wealth for government to siphon.

However you slice it, there is no moral difference between a lone burglar who steals stuff he doesn't own and an "organized society" that does the same. In a just society, the moral strictures that apply to the individual must also apply to the collective. A society founded on natural rights must not finesse theft.

The Founders intended for government to safeguard man's natural rights. The 16th Amendment gave government a limitless lien on a man's property and, by extension, on his life. The Amendment turned government into the almighty source – rather than the protector – of man's rights and Americans into indentured slaves.


To learn more about Ilana Mercer, visit her website, where she now has a special new feature for your comments.



TOPICS: Constitution/Conservatism; Government
KEYWORDS: 16th; amendment; taxreform
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The STATE is your enemy
1 posted on 11/23/2002 11:02:34 AM PST by winner45
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To: *Taxreform
bump
2 posted on 11/23/2002 11:04:11 AM PST by Libertarianize the GOP
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To: Libertarianize the GOP
Good read bump
3 posted on 11/23/2002 11:16:01 AM PST by realistic
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To: winner45
I agree. Repeal the 16th Amendment but for heaven's sakes don't replace it with a national sales tax. It would be too easy for Congress to levy taxes faster. WA State does not have a state income tax, one of two remaining--Wyoming is the other, I think. Everytime a new governor pops up, first thing he/she starts talking about is instituting a state income, even when the dust of the election hasn't even settled. Even though Gary Locke has been governor for 6 years, he appointed Bill Gates, Sr to a governor-supported recommending a state income tax (that was announced last week to prove the issue isn't dead). Now this is fine if all the people are democrats since they just love instituting and raising taxes. However, as a Republican, who has endured 8 years of Clintoonians and 20 years of democrat governors, this is no balm to sooth fears of runaway taxes. Another instance of runaway "increase taxes" legislators--when those crooks returned to Washington, DC, they voted themselves a 3.1% pay increase. This is a total of $18,000 since 1999. However, these same crooks voted for only a 1.4% cost of living increase for social security and then took half of that by increasing the medicare premium. Plus, they leave a whole lot of people without unemployment benefits. Now, if I am correct, these same loathsome legislators at the first of the year, receive another pay increase. Actually, they receive a pay increase twice in less than 6 months--one when the federal government employees receive theirs in October followed by an increase at the beginning of the new year. Runaway tax legislators--there's no stopping them. Who guards the guards guarding the hen house?
4 posted on 11/23/2002 11:20:38 AM PST by lilylangtree
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To: All
Was the sixteenth ammendment ever ratified?

I remember reading an article a few years back from a former IRS employee who was making the case that it wasn't.

Does anyone know?
5 posted on 11/23/2002 11:21:32 AM PST by fellowpatriot
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To: winner45
On the downside, should he "choose" not to purchase, the consumer may starve or be destined to a rather austere life.

That's not a valid criticism of the sales tax. In Florida, for example, supermarket food purchases are not taxed. Nor are residential rents (until they get into the "luxury" level), nor medical services. In principle, and in practice, the poor can live their lives relatively unaffected by a well-crafted sales tax.

6 posted on 11/23/2002 11:25:27 AM PST by PatrickHenry
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To: winner45
I believe the only direct tax that the Federal Government can levy without apportionment is a tax on income (granted by the sixteenth amendment) so, a sales tax would require a new amendment or the tax would have to be apportioned.
7 posted on 11/23/2002 11:31:23 AM PST by al_possum39
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To: winner45
The government says to the citizen: "Your earnings are not exclusively your own; we have a claim on them, and our claim precedes yours; we will allow you to keep some of it, because we recognize your need, not your right; but whatever we grant you for yourself is for us to decide."

Dont that just piss you off ? it does me!

8 posted on 11/23/2002 11:32:48 AM PST by ATOMIC_PUNK
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To: fellowpatriot
Was the sixteenth ammendment ever ratified?

It is a dead debate and a waste of time because the issue has been settled in our courts. The only chance now is repeal.

9 posted on 11/23/2002 12:07:24 PM PST by Libertarianize the GOP
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To: Libertarianize the GOP
How could it be settled in the courts? I thought the legislative branch was the only one with the power to enact.
10 posted on 11/23/2002 12:10:12 PM PST by fellowpatriot
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To: lilylangtree
Repeal the 16th Amendment but for heaven's sakes don't replace it with a national sales tax.

A national sales tax, when applied to all final goods and services, is the easiest, fairest, and best way for the federal gov't to collect revenue.

It would be too easy for Congress to levy taxes faster.

And they're not leving taxes fast enough now?

11 posted on 11/23/2002 12:11:32 PM PST by Extremely Extreme Extremist
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To: lilylangtree
Taxes (Ooooops), I mean Texas has no state income tax, yet. Every time we get a demonrat govrenor or legislatuer they scream to get one. But not haveing one is the main reason that the average Texan is more prosperous than people in other states.
12 posted on 11/23/2002 12:32:50 PM PST by fella
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To: winner45
Click HERE for more about this interesting lady.
13 posted on 11/23/2002 12:42:10 PM PST by fella
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To: fellowpatriot
How could it be settled in the courts? I thought the legislative branch was the only one with the power to enact.

Where would you take a challenge as to whether the 16th amendment was legally ratified?

14 posted on 11/23/2002 1:11:17 PM PST by Libertarianize the GOP
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To: al_possum39; winner45

a sales tax would require a new amendment or the tax would have to be apportioned.

What Constitution have you been reading?

Constitution for the United States of America:

 

A LAW DICTIONARY
by John Bouvier, Revised Sixth Edition, 1856:

DUTIES.
In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things;

A LAW DICTIONARY
by John Bouvier, Revised Sixth Edition, 1856:

EXCISES.
This word is used to signify an inland imposition, paid sometimes upon the consumption of the commodity, and frequently upon the retail sale.

Sales taxes are indirect taxes of the nature of excises or duties:

KNOWLTON v. MOORE, 178 U.S. 41 (1900)

Tyler v. U.S. 281 U.S. 497, 502 (1930)

Federalist #21:

The Records of the Federal Convention of 1787
(Farrand's Records)
James Mchenry before the Maryland House of Delegates.
Maryland Novr. 29th 1787--
Appendix A, CXLVIa, page 149, S9.

"Convention have also provided against any direct or Capitation Tax but according to an equal proportion among the respective States: This was thought a necessary precaution though it was the idea of every one that government would seldom have recourse to direct Taxation, and that the objects of Commerce would be more than Sufficient to answer the common exigencies of State and should further supplies be necessary, the power of Congress would not be exercised while the respective States would raise those supplies in any other manner more suitable to their own inclinations --"

A LAW DICTIONARY
by John Bouvier, Revised Sixth Edition, 1856:

"COMMERCE, trade, contracts
.
The exchange of commodities for commodities; considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit. Pard. Dr. Coin. n. 1. In a narrower sense, commerce signifies any reciprocal agreements between two persons, by which one delivers to the other a thing, which the latter accepts, and for which he pays a consideration; if the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter. Domat, Dr. Pub. liv. 1, tit. 7, s. 1, n. "

Three of the four Supreme Court Justices who made the following ruling were delegates to the Constitutional Convention:

Hylton v. United States(1796), 3 U.S. 171

  • "A general power is given to Congress, to lay and collect taxes, of every kind or nature, without any restraint, except only on exports; but two rules are prescribed for their government, namely, uniformity and apportionment: Three kinds of taxes, to wit, duties, imposts, and excises by the first rule, and capitation, or other direct taxes, by the second rule. "
  • "the present Constitution was particularly intended to affect individuals, and not states, except in particular cases specified: And this is the leading distinction between the articles of Confederation and the present Constitution."
  • "Uniformity is an instant operation on individuals, without the intervention of assessments, or any regard to states,"
  • "[T]he DIRECT TAXES contemplated by the Constitution, are only two, to wit, A CAPITATION OR POLL TAX, simply, without regard to property, profession, or any other circumstance; and a tax on LAND."

  • 15 posted on 11/23/2002 1:29:57 PM PST by ancient_geezer
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    To: Libertarianize the GOP; fellowpatriot

    Where would you take a challenge as to whether the 16th amendment was legally ratified?

    Congress and the States, who are the only parties to amending the Constitution per Article V.

    Now if a state were to bring suit in the courts, that would be a different kettle of fish, for they have the necessary standing to bring such a suit.

    Interestingly, inspite of the claims going around of the 16th having not been legally ratified, no state nor any legislator ever brought such a suit to the courts or ever made the claim that the 16th amendment, as officially, published was not what they intended or ratified in their legislatures.

    16 posted on 11/23/2002 1:36:25 PM PST by ancient_geezer
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    To: ancient_geezer
    Haven't some of the tax protesters argued unsuccessfully in court that the 16th amendment was never legally ratified?
    17 posted on 11/23/2002 2:21:45 PM PST by Libertarianize the GOP
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    To: winner45
    self-ping
    18 posted on 11/23/2002 2:32:53 PM PST by dpa5923
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    To: winner45
    A great constititional bump!
    19 posted on 11/23/2002 2:40:04 PM PST by txzman
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    To: lilylangtree
    I agree. Repeal the 16th Amendment but for heaven's sakes don't replace it with a national sales tax. It would be too easy for Congress to levy taxes faster.

    Most people today are clueless in what is being withheld from their paychecks.

    They let H&R Block do their tax returns and whistle while the Feds stick it up their wazoo, because they're too stupid to figure it out.

    On the other hand, with something like a consumption tax; when Joe Six Pack buys his six-pack of Budweiser for $7.00 and has to pay 90 cents in taxes, he will SEE how he is being fleeced by the gov't.

    Too few people do not pay attention to most of their bills. Ever stay in a hotel, fly on a commercial airline? The published rate is one thing. What you PAY is usually about 20% higher. Look at your telephone bill. It's loaded with more hidden charges than Clinton hummer interns in the White House.

    Further, a lot of the black market / underground economy will go away as it is sucked up into the retail market; and thus pour more money into Uncles' ever-thirsty-sucking coffers, since it will be collected and sent to DC.

    Wake Up America. Too many of us have been dumbed down, or lulled into the "Stepford Wives'" mentality for too long.

    20 posted on 11/23/2002 2:45:12 PM PST by Cobra64
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