Posts tagged ‘16th Amendment’

May 28, 2010

What We Want – Part V

By: Richard A. Correa Sr. SGT RIARNG, Retired

In my opinion, to restore constitutional rule in these United States, the repeal of the XVIth and XVIIth Amendments is of paramount importance. I’m sure all of you are familiar with the XVIth Amendment, the infamous income tax amendment. Many of you are probably not familiar with the XVIIth Amendment which changed how US Senators were ‘elected’, a change that took the power of the state governments away and replaced it with ‘two houses of the people’ in congress, effectively eliminating one of the most important checks and balances in the US Constitution. Both these amendments, along with the XVIIIth Amendment, prohibition, were ‘gifts’ to us from the early progressives. One might say ‘gifts that keep on giving’.

For the record, repealing the XVIth Amendment does not prevent the federal government from implementing an ‘income’ tax. The federal government has always had the authority to do so and has done so from time to time in our nation’s history. Abraham Lincoln had congress implement an income tax to pay the debt incurred by the Civil War, well before the XVIth Amendment was ratified. Once the war debt was paid the tax was repealed. The same pattern was followed for WWI even though the XVIth Amendment was in effect. It was at the end of WWII that this pattern was ‘broken’ and the tax was not repealed.

Before continuing I’d like to point out that many people (myself among them) believe that income in the sense of the income tax is money earned from investments (stocks, bonds, real-estate etc.) not wages. Research I did some time ago showed that all the Supreme Court cases on the XVIth Amendment were related to investment earnings not wages. And after the XVIth was ratified people paid income tax on their investments, but not on their wages. As far as I can tell (and if anyone out there has research to the contrary please let me know) the only time wages were taxed was in time of war, until the end WWII. As a matter of fact I recently saw a ‘Donald Duck’ cartoon that was shown in all the movie theatres in the US during WWII asking people to ‘voluntarily’ start paying taxes on their wages. But I digress.

The real evil in the XVIth Amendment is in the words ‘without apportionment among the several states’. What does that mean? Blacks Law Dictionary defines apportion ‘to divide and distribute proportionally’ and, in regard to taxes states ‘the apportionment of a tax consists in a selection of the subjects to be taxed, and in laying down the rule by which to measure the contribution which each of these subjects shall make to the tax’, and Wiktionary defines:

to apportion (third-person singular simple present apportions, present participle apportioning, simple past and past participle apportioned)

  1. (transitive) To divide and distribute portions of a whole.

The controlling party had apportioned the voting districts such that their party would be favored in the next election.

  1. (transitive) Specifically, to do so in a fair and equitable manner; to allocate proportionally.

The children were required to dump all of their Halloween candy on the table so that their parents could apportion it among them.

From the above, and the second most evil part of the XVIth Amendment ‘and without regard to any census or enumeration’ (the restriction on how taxes were to be determined across each state), I conclude that the XVIth Amendment was deliberately designed to allow congress to institute a progressive/socialist/communist/marxist graduated income tax. In other words, the XVIth Amendment allows congress to punish the successful by stealing the fruits of their labors and to buy off the unsuccessful, making it easier for the thieves to stay in office. Also, it is the tool they used to establish class warfare in the USA.

A side note, it is clear that the members of congress are in the category of ‘the rich’. They either start off rich and get richer or enter congress with little and leave with a lot. So when people you know start complaining that the rich don’t ‘pay their fair share’ of taxes ask them if they really believe that the members of congress are going to raise taxes on themselves without a loophole so they don’t have to pay.

How would the founders view this? James Madison said:

A just security to property is not afforded by that government, under which unequal taxes oppress one species of property and reward another species.

James Madison, Essay on Property, March 29, 1792

Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government which impartially secures to every man whatever is his own.

James Madison, Essay on Property, March 29, 1792

The apportionment of taxes on the various descriptions of property is an act which seems to require the most exact impartiality; yet there is, perhaps, no legislative act in which greater opportunity and temptation are given to a predominant party to trample on the rules of justice. Every shilling which they overburden the inferior number is a shilling saved to their own pockets.

James Madison, Federalist No. 10, November 23, 1787

And Thomas Jefferson said:

Taxes should be proportioned to what may be annually spared by the individual.

Thomas Jefferson to James Madison, 1784

Taxes on consumption, like those on capital or income, to be just, must be uniform.”

Thomas Jefferson to Samuel Smith, 1823

Excessive taxation… will carry reason and reflection to every man’s door, and particularly in the hour of election.

Thomas Jefferson to John Taylor, 1798

And Alexander Hamilton said:

When avarice takes the lead in a state, it is commonly a forerunner of its fall.
A Letter from Publius, October-November 1778

They [taxes] will in the end be borne by all classes; yet it is of the greatest importance that no one should sink under the immediate pressure. The great art is to distribute the public burdens well and not suffer them, either first, or last, to fall too heavily upon parts of the community; else distress and disorder must ensue. A shock given to any part of the political machine vibrates through the whole.

The Continentalist VI, 1782

Experience will teach us that no government costs so much as a bad one.

The Continentalist VI (LOA, p. 115)

There is a lot more from these and other writers but I think I’ve made my point, the XVIth Amendment is not a friend to liberty.  We want it repealed.

I’ll discuss the XVIIth Amendment in my next offering.

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