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the 16th amendment


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why not abolish it, the argument is best made here

 

The "argument" is NOT "best made here"! That video is a lousy argument. The "income tax" is NOT a tax on labor. And, abolishing the sixteenth amendment would not eliminate an "income tax". The Supreme Court had noted, nearly a hundred years ago, that an "income tax" power is granted within the Constitution in the indirect taxation category, an excise tax, and government was never granted the power to lay a direct tax upon the inhabitants of the States. You have been here long enough to know this by now.

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And what would you do to fund the govt ? Even with a "flat tax", some bureaucracy would have to collect the tax, audit certain people, administer the tax code, etc.

 

Of course, we could go the tea party route and turn our country into Somalia.

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And what would you do to fund the govt ?

 

You are obviously laboring under the erroneous assumption that the "income tax" is the only tax. And, you have been here long enough to know better.

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16th Amendment Improperly Ratified,

This is my absolute favorite anti-income-tax argument. Most claims that Americans aren't required to pay income tax rely on legal interpretations so tortured only a tax resister could possibly believe them. But the Ohio thing has just enough plausibility to give even sane people pause.
It all started when Ohio was preparing to celebrate the 150th anniversary of its admission to the Union in 1953. Researchers looking for the original statehood documents discovered there'd been a little oversight. While Congress had approved Ohio's boundaries and constitution, it had never passed a resolution formally admitting the future land of the Buckeyes. Technically, therefore, Ohio was not a state.
Predictably, when this came to light it was the subject of much merriment. One senator joshingly suggested that his colleagues from Ohio were drawing federal paychecks under false pretenses.
But Ohio congressman George Bender thought it was no laughing matter. He introduced a bill in Congress to admit Ohio to the Union retroactive to March 1, 1803. At a special session at the old state capital in Chillicothe the Ohio state legislature approved a new petition for statehood that was delivered to Washington on horseback. Congress subsequently passed a joint resolution, and President Eisenhower, after a few more jokes, signed it on August 7, 1953.
But then the tax resisters got to work. They argued that since Ohio wasn't officially a state until 1953, its ratification of the 16th Amendment in 1911 was invalid, and thus Congress had no authority to enact an income tax.
Baloney, argued rational folk. A sufficient number of states voted for ratification even if you don't count Ohio.
OK, said the resisters, but the proposed amendment had been introduced to Congress by the administration of William H. Taft. Taft had been born in Cincinnati, Ohio, in 1857. The Constitution requires that presidents be natural-born citizens of the United States. Since Ohio was not a state in 1857, Taft was not a natural-born citizen, could not legally be president, and could not legally introduce the 16th Amendment. (Presumably one would also have problems with anything done by presidents Grant, Hayes, Garfield, B. Harrison, McKinley, and Harding, who were also born in Ohio.)
Get off it, the rationalists replied. The 1953 resolution retroactively admitted Ohio as of 1803, thereby rendering all subsequent events copacetic.
Uh-uh, said the resisters. The constitution says the Congress shall make no ex post facto law. That means no retroactive admissions to statehood.
Uh, we'll get back to you on that, said the rationalists.
A call to the IRS elicited the following official statement: "The courts have . . . rejected claims that the Sixteenth Amendment . . . was not properly ratified. . . . In Porth v. Brodrick, 214 F.2d 925 (10th Circuit 1954), the court dismissed an attack on the Sixteenth Amendment as being 'clearly unsubstantial and without merit,' as well as 'far fetched and frivolous.'"
Just one problem. The Porth decision didn't specifically address the Ohio argument. It just sort of spluttered that attacks on the 16th Amendment were stupid.
OK, they're stupid. But great matters have turned on seemingly sillier points of law. It's not like the Ohio argument couldn't have been defeated on the merits. One suspects that from a legal standpoint "ex post facto" doesn't mean exactly the same thing as "retroactive." And of course the weight of 150 years of history, during which time everyone thought Ohio had been properly admitted, ought to count for something.
I'm not defending the crackpots. But if you're a parent you recognize that "because I said so" isn't much of an argument. Guess it's different if you're a judge.

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Yeah; it was. By more states than required.

Re-read the paragraph. A state can send candidates to be President, not territories, no Congressional Resolution passed, no statehood for Ohio. Since Ohio was a territory then all bills signed into law under Taft are invalid. Again with the 'natural-born' clause. Taft was a natural born Ohio-ian but because Ohio was not a state he Presidency was un-Constitutional.

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Re-read the paragraph. A state can send candidates to be President, not territories, no Congressional Resolution passed, no statehood for Ohio. Since Ohio was a territory then all bills signed into law under Taft are invalid. Again with the 'natural-born' clause. Taft was a natural born Ohio-ian but because Ohio was not a state he Presidency was un-Constitutional.

Here's the list, with overkill ...

 

According to the United States Government Printing Office, the following states ratified the amendment:[32]

1.Alabama (August 10, 1909)

2.Kentucky (February 8, 1910)

3.South Carolina (February 19, 1910)

4.Illinois (March 1, 1910)

5.Mississippi (March 7, 1910)

6.Oklahoma (March 10, 1910)

7.Maryland (April 8, 1910)

8.Georgia (August 3, 1910)

9.Texas (August 16, 1910)

10.Ohio (January 19, 1911)

11.Idaho (January 20, 1911)

12.Oregon (January 23, 1911)

13.Washington (January 26, 1911)

14.Montana (January 27, 1911)

15.Indiana (January 30, 1911)

16.California (January 31, 1911)

17.Nevada (January 31, 1911)

18.South Dakota (February 1, 1911)

19.Nebraska (February 9, 1911)

20.North Carolina (February 11, 1911)

21.Colorado (February 15, 1911)

22.North Dakota (February 17, 1911)

23.Michigan (February 23, 1911)

24.Iowa (February 24, 1911)

25.Kansas (March 2, 1911)

26.Missouri (March 16, 1911)

27.Maine (March 31, 1911)

28.Tennessee (April 7, 1911)

29.Arkansas (April 22, 1911), after having previously rejected the amendment

30.Wisconsin (May 16, 1911)

31.New York (July 12, 1911)

32.Arizona (April 3, 1912)

33.Minnesota (June 11, 1912)

34.Louisiana (June 28, 1912)

35.West Virginia (January 31, 1913)

36.Delaware (February 3, 1913)

 

Ratification (by the requisite 36 states) was completed on February 3, 1913 with the ratification by Delaware. The amendment was subsequently ratified by the following states, bringing the total number of ratifying states to forty-two of the forty-eight then existing:

37. New Mexico (February 3, 1913)38. Wyoming (February 3, 1913)39. New Jersey (February 4, 1913)40. Vermont (February 19, 1913)41. Massachusetts (March 4, 1913)42. New Hampshire (March 7, 1913), after rejecting the amendment on March 2, 1911

The legislatures of the following states rejected the amendment without ever subsequently ratifying it:

ConnecticutRhode IslandUtahVirginia[33]

The legislatures of the following states never considered the proposed amendment:

FloridaPennsylvania

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i think that you need to investigate jekyll island georgia and the federal reserve....they will tie into the income tax on our labor...do some homework and get back with me when a republican is in office...it appears i can only talk to commies when repubs hold the throne

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i think that you need to investigate jekyll island georgia and the federal reserve....they will tie into the income tax on our labor...do some homework and get back with me when a republican is in office...it appears i can only talk to commies when repubs hold the throne

Butt hurt, pal?

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Here's the list, with overkill ...

 

According to the United States Government Printing Office, the following states ratified the amendment:[32]

1.Alabama (August 10, 1909)

2.Kentucky (February 8, 1910)

3.South Carolina (February 19, 1910)

4.Illinois (March 1, 1910)

5.Mississippi (March 7, 1910)

6.Oklahoma (March 10, 1910)

7.Maryland (April 8, 1910)

8.Georgia (August 3, 1910)

9.Texas (August 16, 1910)

10.Ohio (January 19, 1911)

11.Idaho (January 20, 1911)

12.Oregon (January 23, 1911)

13.Washington (January 26, 1911)

14.Montana (January 27, 1911)

15.Indiana (January 30, 1911)

16.California (January 31, 1911)

17.Nevada (January 31, 1911)

18.South Dakota (February 1, 1911)

19.Nebraska (February 9, 1911)

20.North Carolina (February 11, 1911)

21.Colorado (February 15, 1911)

22.North Dakota (February 17, 1911)

23.Michigan (February 23, 1911)

24.Iowa (February 24, 1911)

25.Kansas (March 2, 1911)

26.Missouri (March 16, 1911)

27.Maine (March 31, 1911)

28.Tennessee (April 7, 1911)

29.Arkansas (April 22, 1911), after having previously rejected the amendment

30.Wisconsin (May 16, 1911)

31.New York (July 12, 1911)

32.Arizona (April 3, 1912)

33.Minnesota (June 11, 1912)

34.Louisiana (June 28, 1912)

35.West Virginia (January 31, 1913)

36.Delaware (February 3, 1913)

 

Ratification (by the requisite 36 states) was completed on February 3, 1913 with the ratification by Delaware. The amendment was subsequently ratified by the following states, bringing the total number of ratifying states to forty-two of the forty-eight then existing:

37. New Mexico (February 3, 1913)38. Wyoming (February 3, 1913)39. New Jersey (February 4, 1913)40. Vermont (February 19, 1913)41. Massachusetts (March 4, 1913)42. New Hampshire (March 7, 1913), after rejecting the amendment on March 2, 1911

The legislatures of the following states rejected the amendment without ever subsequently ratifying it:

ConnecticutRhode IslandUtahVirginia[33]

The legislatures of the following states never considered the proposed amendment:

FloridaPennsylvania

Yeah but all these states were under the guise that Taft was a Constitutional President.

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it means my labor is private property, the most precious kind of property...and beyond taxation.

 

Antonin Scalia, one of the SCOTUS darlings of the Right, says you don't even have the right to privacy. This in the face of the venerable saying, "The most precious right is the right to be left alone."

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