When does the taking of my property for the benefit of others violate my rights?

Question

The Constitution is quite clear on this issue, "nor shall private property be taken for public use, without just compensation."

So what is my compensation for taking my money in a progressive tax system for the benefit of others and no compensation for me.

No where in the Constitution does it say they government can trump my Fifth Amendment rights for the benefit of others, that would of course make the 16th Amendment unconstitutional.

The validity of the 16th has never gone through the court. Why not? Don't you want to know that it is legal to steal others money?

Mordent - I do not consider it just compensation for the amount I have to pay, so if I cannot agree it is just, then it is not, regardless of how much others believe it is.

coragryph - you are a smart guy, but you justify it and do not take issue with the legality of it.

My property is being taken without "just" compensation, the term meaning what the rest of us think, put it to a vote and America will tell you simply we are not receiving just compensation, so the taking is a violation of the Fifth.

The 16th was taking to the Court to determine if ratification was legal, not if the amendment was, so it has yet to be challenged in Court on that point, that it violates the 5th.

You know it is wrong, you know we have too much government and you know the Congress is only going to take more and make it worse.

Why not put your divine intelligence behind getting us a "citizen legislature" rather than the current bunch of corrupt careerists.

Answer 1

Frankly the government is over stepping themselves...What they are doing and want to do is so far out there and against any moral or ethical code that there isn't even a good enough name for it! If they take my property or money then I expect something of equal value back...something I want, not just what they want to give me either....

Answer 2

rmagedon - As much as everyone sleeks pass the words you are trying to imply, they forget the abuse of the taxing system that have overburdened mostly middle class income wage earners and their families. Indeed it is plain that the government when taking property from it's citizens MUST provide just compensation. By taxing it should benefit those who pay taxes to the fullest.

(1) We do not send our children to public schools- due to public school academics being at the record low then ever seen before. Additionally, our tax monies are also being used to educate children of illegal immigration.

(2) People in here talks about streets and pavements, but, America streets, by-ways, bridges ..etc., is in it's most dangerous state at this current time. Because monies are being diverted for other projects or in the pockets of those that procures each contract for service. You will often see a road re-paved only to be dug up to do another project, for instance a sewage or underground eletrical line system. Yeah sure benefits me when it delays my work travel to an additional 30 to 45 minutes each way.

(3) Our healthcare system can barely take care of our retired and disabled citizens, and those working and sadly a lot cannot afford healthcare for their families, and henceforth goes without. These atrocities are forcing them to either to pay the high prices of medical services, medication, and go without some basic neccesities like food and other things or turn to pharmaseutical companies and beg for free drugs. While again our system that are built for AMERICANS are being exploited and abused by illegal immigration...they don't pay a cent for their healthcare and medications.

SO I ASK THOSE WHO DON'T AGREE WITH THE ASKER, DO YOU THINK IT IS JUST COMPENSATION FOR ALL FOR WHAT I MENTIONED?

I can continue to go on and on, but to no avail, people will always seem to see the governments way other then seeing your rights being dissolved right in front of each persons eyes. Good luck Bro!

Answer 3

I can see from your profile that you already know your taxes are giving you rights to live in this U.S. of A. The money used to pay these taxes is not tangible property that you can look at or touch, and as compensation you have rights in your everyday life.

The main problem with this is that the percentage of taxes on the wealthy and big corporations is much higher but more dollar wise than the taxes paid by the middle working-class, but even with the large tax on the wealth and large profit, it's really not missed by these individuals and corporations. It is always these higher tax brackets that received the largest tax breaks, keeping their tax payments from ever hurting their deep pockets.

It's as if the 16th amendment is saying; a specific grant of authority is to be mainly owned and controlled by those with the higher percentages of wealth.

Answer 4

The compensation is the access to govt programs -- all the things the govt is choosing to spend the money on.

The 5th does not mention taxes. The 16th (and Article I) does -- the specific grant of authority always overrides the general restriction. So, where the 16th allows something, the 5th does not apply.

And the 16th has been reviewed by hundreds of federal courts. Its ratification was confirmed by the US Supreme Court as early as 1916, in Brushaber v. Union Pac. R. Co., 240 U.S. 1.

Personally, I think its one of the worst mistake we've ever made to allow income taxes -- but that doesn't change the fact that its a valid law.

Answer 5

Laws must be obeyed whether one agrees with them or not; however, certain laws can be (and have been) changed when a person or group of people take the necessary steps, fight fervently and patiently while enduring tremendous resistance. This would take a very long time with a great deal of effort and determination, while refusing to ever give up.

Anger solves nothing but wise action brings change.

Answer 6

Without taxes, any country would be an anarchy. A government can't do anything without the means. If you want roads, bridges that don't collapse, police, firemen, an army, a legal system, penitentiaries, public schools, etc, etc, there's no way around taxes. I'm not gonna say that paying taxes is making the government perfect, but without it, you wouldn't want to be there at all.

Answer 7

The money you pay in taxes does not fall under the umbrella of private property. Private property is understood to be land and buildings. If the governing body wants your land, they must pay a fair market price for it. This is what is meant by just compensation. In the case of taxes, the government could say that you are justly compensated by having a free, democratic and relatively safe nation to live in.

Answer 8

When does it violate your rights? Every time. Whenever the government takes property from the owner with out permission and with out compensation it constitutes plunder and plunder is what the Constitution was designed to protect us against.

Answer 9

"Eminent Domain", that is, the forcing of property owners off their property for the purpose of redeveolpment, is illegal under the 16th Amendment, period.
Governments take advantage of the weakness of the people in their inability to pay the astronomical lawyer's fees it would take to defend their case all the way to the Supreme Court. Most defendants settle out of court rather than continue to fight, so very few cases of "Eminent Domain" are brought to the Supreme Court to possibly be won by the defendant in support of the rights of the personal property owner.
"Eminent Domain" violates the rights of a property owner when the property seized for urban redevelopment is seized by a private development contractor who greased the palms of the City Council who approved the redevelopment to approve the contractor's bid. "Eminent Domain" violates the rights of a business owner operating a successful business who is being forced out of his or her building in the face of community redevelopment. "Eminent Domain" abuses the rights of individuals to own their own business property by forcing them off and out of their own property and offering in exchange a chance to lease the same location from a different owner. This is just plain wrong!
Such individuals can fight back by paying more attention to their Civic affairs by making it a point to join the local Chamber of Commerce, attending City Council Meetings open to the public (no matter how boring they can get!), by doing their homework and finding out what development projects are on the books, by catching illegal activity within their government and reporting it, and by paying attention to more than earning a buck a day. The best defense is still a good offense! The best way to stop a steamroller is not when the steamroller is at full speed! Many government projects are months in the development stages before the actual work is done, that is the time to file civic protests, to file court injunctions, to collect signatures on a petition, and to catch the bad guys, well before they pull out the equipment to break ground!
In order for the government to stop violating yours and mine and everyone else's rights, everyone needs to pull their heads out of their own rear ends and pay more attention to what is going on around them. People need to start participating in civic events, getting more involved in their local governments, and generally being more informed voters, and EVERY REGISTERED VOTER NEEDS TO VOTE! Many development issues get passed because a low voter turnout means if six people vote on an issue, and they all vote yes, that is still considered a majority vote!
Stand up to bullies. Participate in civic issues. VOTE! Governments are still run by human beings who have no more or less power than the next guy. Be that human being that makes a difference!

Answer 10

Oh I could go on and on about this-Paying congress' outrageous salaries, eminent domain, yes there is a real problem here and most people work so hard for their money, we sould be able to keep more of it.