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12-18-2015, 12:18 AM #19
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.
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.
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;
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.A Nation Without Borders Is Not A Nation - Ronald Reagan
Save America, Deport Congress! - Judy
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