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Thread: Senator Flake expresses concern over defict and tax reform

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  1. #11
    Moderator Beezer's Avatar
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    Apr 2016
    There is much work to do and A LOT of waste and fraud against the American people to clean up!


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  2. #12
    Senior Member johnwk's Avatar
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    Jan 1970

    Unlike FoxNews, Washington Post explains apportionment of direct taxes

    See: The Constitution’s financial terms, part IV: The apportionment rule

    OCTOBER 23RD, 2015

    ”Behind the apportionment requirement was this unifying principle: At least in the lower legislative chamber, taxation should be coupled with representation. This principle had been a justification for the Revolution, and no one active in the debates over the Constitution seems to have overtly disagreed with it. The framers saw the practical application of this principle in an apportionment rule that tailored each state’s tax burden to its congressional representation.”

    The article goes on to emphasize the rule of apportioning direct taxes was ”…designed to assure impartial federal treatment of the several states. Without the apportionment rule, a congressional majority from one group of states might vote to extract a disproportionate share of revenue from the rest.”

    Today, our socialists, communists, liberals and progressives in Congress are using the power of direct taxation to enter each state and seek out the most productive hard working citizens and businesses in each state who are then taxed directly, and forced to contribute an unequal tax burden than a State’s lazy and unproductive citizens, even though our Constitution specifically requires any direct tax upon individuals, requires apportionment ___ a rule which works out to be an equal per capita tax.

    Like I have been saying for over thirty years, real tax reform begins with the following 32 words which are found in the Fair Share Balanced Budget Amendment:

    “SECTION 1. The Sixteenth Amendment is hereby repealed and Congress is henceforth forbidden to lay ``any`` tax or burden calculated from profits, gains, interest, salaries, wages, tips, inheritances or any other lawfully realized money.

    Has anyone in this forum ever heard Rush Limbaugh, Glenn Beck, Laura Ingraham, Schnitt, Mark Levin, Dennis Prager, Bill O'rielly, Mike Gallagher, Doc Thompson, Lee Rodgers, Neal Boortz, Mike Huckabee, Tammy Bruce, Monica Crowley, Herman Cain. Eric Bolling, Kimberly Guilfoyle, Greg Gutfeld, Dana Perino, Juan Williams, Megyn Kelly, Neil Cavuto, John Stossel, Lou Dobbs, Charles Krauthammer, Tucker Carlson, Lisa Kennedy, or any media personality discuss our Constitution’s rule of apportioning direct taxes or the Fair Share Balanced Budget Amendment?


    If, by calling a tax indirect when it is essentially direct, the rule of protection could be frittered away, one of the great landmarks defining the boundary between the nation and the states of which it is composed, would have disappeared, and with it one of the bulwarks of private rights and private property. POLLOCK v. FARMERS' LOAN & TRUST CO., 157 U.S. 429 [1895]

  3. #13
    Senior Member johnwk's Avatar
    Join Date
    Jan 1970

    FoxNews needs to fact check before publishing fake assertions about apportionment


    See Our abominable income tax system
    By Ken Hoagland Published April 15, 2015 Fox News

    ”Taxing income itself was originally specifically banned by the Founding Fathers as immoral. Only the ratification of the 16th amendment in February 1913 allowed our federal government to legally apportion direct taxes. The legislation itself began as a dare to Congressional Republicans, many of whom who voted for it believing states would never ratify such an expansion of federal powers.”

    Contrary to the above mentioned article, our original Constitution actually required, and still requires to this very date that “direct taxes” are to be apportioned. See Article 1, Section 2, Clause 3. “Representatives and direct Taxes shall be apportioned among the several States . . . “

    The first apportioned direct tax was laid 1798, well before 1913. See, the Act of July 14, 1798, c. 75, 1 Stat. 53 which imposed an apportioned direct tax upon real estate and a capitation tax upon slaves.

    It should also be emphasized that our Supreme Court has repeatedly confirmed that “direct taxes” are still, in spite of the 16th Amendment, still required to be apportioned!

    In Eisner v. Macomber 252 U.S. 189, 206 (1920), which ruled on a tax asserted by Congress to be an income tax, the tax was struck down as being a direct tax and requiring an apportionment. The Court stated:

    "Thus, from every point of view we are brought irresistibly to the conclusion that neither under the Sixteenth Amendment nor otherwise has Congress power to tax without apportionment a true stock dividend made lawfully and in good faith, or the accumulated profits behind it, as income of the stockholder. The Revenue Act of 1916, in so far as it imposes a tax upon the stockholder because of such dividend, contravenes the provisions of article 1, 2, cl. 3, and article 1, 9, cl. 4, of the Constitution, and to this extent is invalid, notwithstanding the Sixteenth Amendment."

    And in BROMLEY VS MCCAUGHN, 280 U.S. 124 (1929), the Court found the tax there to be an "excise" tax. but emphatically stated “As the present tax is not apportioned, it is forbidden, if direct.”

    And let us not forget what Justice Roberts stated in the Obamacare case dealing with what is called "The shared responsibility payment". He wrote: ”"The shared responsibility payment is thus not a direct tax that must be apportioned among the several States."

    Perhaps someday FoxNews will have someone on to clear up many of the misconceptions and myths concerning the rule of apportionment, direct taxes, and explain why the Founders were united in requiring “Representatives and direct taxes shall be apportioned among the several States.”


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