Quote Originally Posted by johnwk View Post
Under the alleged fairtax, which is sold as a national sales tax and would be Congress' primary method to raise a federal revenue, the rule of apportionment is both ignored and circumvented. So, how can you say you support our founder's rule of apportionment?


Let our founders tell you in their own words their intentions regarding apportionment as it applies to taxation:

Pinckney addressing the S.C. ratification convention with regard to the rule of apportionment :

“With regard to the general government imposing internal taxes upon us, he contended that it was absolutely necessary they should have such a power: requisitions had been in vain tried every year since the ratification of the old Confederation, and not a single state had paid the quota required of her. The general government could not abuse this power, and favor one state and oppress another, as each state was to be taxed only in proportion to its representation.” 4 Elliot‘s, S.C., 305-6

And see:
“The proportion of taxes are fixed by the number of inhabitants, and not regulated by the extent of the territory, or fertility of soil”3 Elliot’s, 243,“Each state will know, from its population, its proportion of any general tax” 3 Elliot’s, 244 ___ Mr. George Nicholas, during the ratification debates of our Constitution.

Mr. Madison goes on to remark about Congress’s “general power of taxation” that, "they will be limited to fix the proportion of each State, and they must raise it in the most convenient and satisfactory manner to the public."3 Elliot, 255

And if there is any confusion about the rule of apportionment intentionally designed to insure that the people of each state are to be taxed proportionately equal to their representation in Congress, Mr. PENDLETON says:

“The apportionment of representation and taxation by the same scale is just; it removes the objection, that, while Virginia paid one sixth part of the expenses of the Union, she had no more weight in public counsels than Delaware, which paid but a very small portion”3 Elliot’s 41

The fairtax intentionally circumvents the rule that the people of each state, whenever a general tax is laid by our federal government among the states, are obligated to contribute a share proportionately equal to their representation in Congress __ a rule demanding representation with a proportional financial obligation.


JWK
Apportionment applies to direct taxes which is income tax, property tax, taxes on assets, etc. Indirect taxes are sales taxes. Apportionment has nothing to do with indirect sales taxes under the US Constitution.

This is the clause in the US Constitution that you're talking about:

US Constitution

Article 1, Section 2, Clause 3

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.
Income and property taxes are direct taxes.

DEFINITION of 'Direct Tax '

A tax that is paid directly by an individual or organization to the imposing entity. A taxpayer pays a direct tax to a government for different purposes, including real property tax, personal property tax, income tax or taxes on assets. Direct taxes are different from indirect taxes, where the tax is levied on one entity, such as a seller, and paid by another, such a sales tax paid by the buyer in a retail setting.
http://www.investopedia.com/terms/d/directtax.asp

The US government has the clear right under Article 1, Section 8 to lay indirect taxes in any manner it sees fit so long as they are uniform throughout the United States.

The FairTax is NOT a direct tax covered by Article 1, Section 2, it is a general indirect tax covered by Article 1, Section 8, and meets absolutely all original and current Constitutional requirements established by our Founders.

Article 1, Section 8.

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
https://www.law.cornell.edu/constitution/articlei

Apportionment only applies to direct taxes like income, property and asset taxes paid directly by the individual or entity to the taxing authority. Sales taxes are paid as part of the price of an item or service you purchase as a consumer and is paid to the seller who then pays them to the taxing authority. Sales taxes are voluntary, based on voluntary decision so to purchase an item or service. Direct taxes are mandated taxes on you because you work and earn or have assets or own real or personal property.

The FairTax is not a hoax, it's the real deal to set Americans free from the tyranny of income taxes that were essentially banned by the US Constitution which is why an Amendment to allow them was required in 1913. It's time to get back to where the Founders actually wanted us to be and thought we were.