Well, let's look first at Article I Section 8 "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;" How do you get that only means voluntary taxes placed on the states?in the 1890's the opinion of the court was any income tax would have to be by an amendment to be legal...... all taxes in article 1 section 8 are voluntary taxes. .......placed on the states, ...not the people.
For the income tax, the question was actually about Section 9: "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken." The Scotus in Pollock v Farmer's Loan and Trust 158 U.S. 601 (1895) ruled that a tax on income derived from real estate or personal property was a direct tax under the meaning of Section 9 and therefore had to be apportioned among the states. The rest of the income tax was ruled constitutional, but the Court considered the 2 parts too interwined to rule only part of the act unconstitional and so threw the whole thing out.Let me reiterate the bolded part...."no question as to the validity of this act except..." the sections dealing with income from real estate or propery.We have considered the act only in respect of the tax on income derived from real estate, and from invested personal property, and have not commented on so much of it as bears on gains or profits from business, privileges, or employments, in view of the instances in which taxation on business, privileges, or employments has assumed the guise of an excise tax and been sustained as such.
Being of opinion that so much of the sections of this law as lays a tax on income from real and personal property is invalid, we are brought to the question of the effect of that conclusion upon these sections as a whole.
It is elementary that the same statute may be in part constitutional and in part unconstitutional, and, if the parts are wholly independent of each other, that which is constitutional may stand, while that which is unconstitutional will be rejected. And in the case before us there is no question as to the validity of this act, except sections 27 to 37, inclusive, which relate to the subject which has been under discussion...
Generally not. But that doesn't make it unconstitutional. And you can't point out anything in the constitution that would disallow an income tax. An income tax was proposed during the War of 1812 but it was not enacted. Neither was it ruled unconstitutional.by government taxing our income it gives government power over you, ...something the founders did not want.
Therefore, since the world has still/Much good, but much less good than ill,
And while the sun and moon endure/Luck's a chance, but trouble's sure,
I'd face it as a wise man would,/And train for ill and not for good.
ITS SIMPLE.........its in the constitution.
article 1 section 2 clause 3
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
article 1 section 9 clause 4
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
under the founders taxes are voluntary, they are not compulsory ,because that defies the founding principles of ..property.
none of the powers of congress in article 1 section 8 , have anything to do with the personal life's of the people.
james Madison--The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
Anti-Democracy advocate, Mixed government is the only good government
THE second point to be examined is, whether the [constitutional ]convention were authorized to frame and propose this mixed Constitution.
Sometimes I think we're alone. Sometimes I think we're not. In either case, the thought is staggering. ~ R. Buckminster Fuller
The 17th Amendment should be repealed.
As should the Establishment clause and the part of the 24th prohibiting poll taxes in presidential elections.
If, when defending your support for Donald Trump, and your response is,
"But but but... HILLARY!!!", then you lost the argument before you even began.