16th amendment, give this argument a rest: Like Benjamin Franklin said, nothing is more sure then death and paying taxes. You are going to pay taxes, or you are going to go to jail...
2007-12-24 05:12:30
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answer #1
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answered by Beau 6
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The 16th Amendment was necessary because the original Constitution required that all federal taxes be apportioned among the states in proportion to population. Had the Constitution not contained that restriction, the tax would not have been unconstitutional even if it was never mentioned specifically. Congress does have the power to impose taxes, after all.
Arguments over the constitutionality of the present tax do not hinge on the 16th Amendment, however, but on the interpretation of the word "income." At the time the amendment was passed, that term generally referred to income NOT obtained as compensation for labor. That is, it specifically referred to what we call capital-gains income, rather than to wages, salary, tips, and other pay for work.
The courts, however, have accepted the expanded interpretation. I don't know the trail of opinions, but it's pretty plain that the point of the amendment was to free Congress from the restriction that taxes be proportionally distributed by population, and that restriction was on a state-by-state basis, not taxpayer-by-taxpayer, anyhow. Also, the description "incomes, from whatever source derived" certainly leaves room for an expansive interpretation.
2007-12-24 05:32:51
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answer #2
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answered by Samwise 7
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Yes folks the 16th Amendment does give congress the right to tax incomes......However,,,isn't it convenient that the 5th Amendment was NEVER rescinded:
A small section of Amendment V....Nor shall private property be taken....without Just Compensation.
Now I think any lawyer would agree that income is ""PRIVATE PROPERTY"",,,,therefore until private property laws are re-written,,,taxation of income is indeed un-constitutional......However, judges salaries are paid by the government, therefore they are NOT impartial in governmental matters....they are disciples of the government.
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[edit] And ANOTHER thing, in 1913 when the 16th Amendment was written, a dollar was "Redeemable" for 1/20th of an ounce of Gold. $20.00 Gold coins were still being issued. It was considered VALUABLE all over the world.
Since 1971 the Fed has issued unbacked Federal Reserve Notes....A Note is a promise to pay or an I.O.U. with no perceivable backing and NO expiration date.
Now, if I write the IRS a promissory note backed by nothing, with no expiration date, wouldn't that be just as valuable as their FRN, and my annual income was made from growing & selling & trading plums [No FRN's involved ]???????
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2007-12-24 05:29:09
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answer #3
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answered by beesting 6
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The 16th Amendment:
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.
2007-12-24 05:10:38
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answer #4
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answered by Anonymous
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Well I think that the federal income tax, the state income tax and the local & county income taxes all need to be repealed, but more to the point of your question. THERE IS NO PROVISION FOR FEDERAL INCOME TAX IN THE CONSTITUTION of THE UNITED STATES of AMERICA! It is an amendment to the Constitution, not a part there of. To remedy this situation we could institute federal sales taxes, and do away with the income tax. BTW that would also eliminate one of the most huge beauracrosies in government today, also the most worthless!
2007-12-24 05:26:32
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answer #5
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answered by Anonymous
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I'm no scholar, but I'm pretty sure that Congress has the power to enact laws, and the president has the power to enforce them. Since the Supreme Court has not exercised their power to declare these laws "unconstitutional", that makes them legal.
Oh, and Beesting? Protection from terrorist attacks is plenty "Just Compensation" for me, thank you.
2007-12-24 18:26:42
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answer #6
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answered by Paper Mage 5
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It's not specifically covered . It is, however, within Congress' purview to pass tax laws . ( assuming it doesn't violate some other aspect of the Constitution .)
2007-12-24 05:13:43
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answer #7
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answered by mikeinportc 5
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16th amendment and title 26 of the U.S. Tax code.
2007-12-24 09:19:01
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answer #8
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answered by Anonymous
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Congratulations, you are the first person from the fruitcake fringe to post today.
If the fact that they system has been in place and functioning and passing muster with the supreme court for nearly 90 years isn't enough to convince you then you are suffering from oxygen deprivation.
2007-12-24 05:15:57
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answer #9
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answered by Anonymous
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Here is one link that may help you understand why they are illegal. I think they were added to the Constitution.
http://www.fee.org/in_brief/default.asp?id=575
2007-12-24 05:20:29
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answer #10
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answered by Big Bear 7
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