Why is it that article 1 section 9 says "No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken." which hasnt been repealed or amended but the 16th amendment says "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment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."? wassup with that huge contradiction??
2007-10-25 01:06:54 · 7 answers · asked by theoutcast32 1 in Politics & Government ➔ Law Enforcement & Police
Amendments to the Constitution supersede any previous passages to which they are relevant.
Article I Section 9 was amended by the 16th Amendment (hence the term "amendment").
2007-10-25 01:15:54 · answer #1 · answered by TheOnlyBeldin 7 · 3⤊ 1⤋
In a way you're right. The framers of the Constitution had to make a lot of compromises to get all 13 colonies to sign on. And a lot of issues they just let slide, basically just let people fight over them later. If you put the 'necessary and proper' clause and the 10th amendment together, they basically say that the federal government should do what it does and leave the rest to the states. Where the dividing line lies is -obvious-. 8^) Or at least it should be decided on a case-by-case basis. There has always been a tension between federal powers and states' rights. I'm sure there always will be. The framers didn't want to get bogged down in the details. That's probably the best they could have done.
2016-05-25 19:03:38 · answer #2 · answered by merle 3 · 0⤊ 0⤋
An amendment cannot contradict the constitution because it is part of the constitution. You say that Art 1 sec 9 has not bee repealed or amended - but it HAS been amended with the 16th amendment!
2007-10-25 02:19:36 · answer #3 · answered by Anonymous · 0⤊ 1⤋
One must explain the entire clause, or the answer is irrelavent. I love to ask gun advocates what "well regulated militia" they belong to and who regulates it.
As a footnote I am not against gun ownership, but I think people should be well schooled in their beliefs.
2007-10-25 01:19:42 · answer #4 · answered by doggiebike 5 · 0⤊ 0⤋
That's why they are called "amendments". They amend, or modify, the Constitution.
2007-10-25 02:17:52 · answer #5 · answered by Brian A 7 · 0⤊ 1⤋
That's a really great question. i think we abandoned any since of constance a long time ago, unfortunately
2007-10-25 01:16:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Since it matters to you, and you are surely not the first person to wonder this, what has YOUR research on any legal cases turned up?
2007-10-25 01:11:45 · answer #7 · answered by Barry C 6 · 0⤊ 2⤋