> “As far as I know, you haven’t answered the Supremacy Clause and Amendment Clause problem about repealing the 16th Amendment (your link was basically a blank page). There’s only one way for the Constitution and its Amendments to be further amended and that’s found in Article V (must be a Constitutional Amendment, NOT an act of Congress).”
Constitutional Amendments are proposed and then voted on but are NOT made law. If 2/3’s of both Chambers of Congress vote for the proposed Amendment, then the amendment proposal is passed with a choice selected for ratifying mode either by State Legislatures or by State Conventions. The 2/3’s+ passed amendment then goes to the office of the National archives where it is sent out to states for ratification and received back.
The States can also follow a similar route via a Convention of States.
I don’t recall you bringing up anything about the Supremacy Clause. I had said that HR 25 cannot repeal a Constitutional Amendment, it can only sunset itself if the 16th is not repealed.
The only entity that can repeal the 16th is comprised of 3/4’s of states (38) via ratification.
The Supremacy Clause is not a part of the constitutional repeal or amendments processes. But it does apply to passed laws. But we are reminded that HJ Res 104 is not made to be law but acts as official commitment.
The link I posted to you before for the House Joint Resolution goes blank periodically; I don’r know why. Try this link for the full text of the Amendment:
https://www.congress.gov/bill/113th-congress/house-joint-resolution/104/text
Note it is not a bill and does not need the President’s signature. The President is out of the loop when it comes to Constitutional Amendments.
I met Milton Friedman and he was very close to someone on my doctoral committee. He wasn’t against the FairTax and in fact encouraged its study and called it the ‘ideal’ tax:
“It’s central to the design of the FairTax that it is added only once: at the point of sale to the retail purchaser. It’s an upfront charge, not a series of hidden costs. If you hear someone refer to the FairTax as a VAT, you can be sure you’re listening to someone who hasn’t done his homework. Or who, for whatever reason, it trying to torpedo the FairTax.” — Milton Friedman
http://www.ontheissues.org/celeb/Milton_Friedman_Tax_Reform.htm
Interesting. You knew Milton Friedman? That’s pretty cool. I greatly admired him. And I have seen him say that a “consumption” tax would be a mistake and I assumed it was for the “VAT” reasons. But I’ve also know Friedman to change his mind. Maybe he did on this one.
I didn’t know you were talking about a Constitutional Amendment. You were talking earlier about a Congressional bill and HR 25 and stuff - that’s why I brought up the Supremacy Clause.
A constitutional amendment coming out of an Article V Convention of States could be a way of killing the 16th Amendment. I hope it happens.