Wednesday, September 14, 2011

CONSTITUTIONAL ISSUES ON TAXES -16TH AMENDMENT

IMO the congress has the power to tax income or assets under the Article I section 8 powers.

Amendment 16 - Status of Income Tax Clarified. Ratified 2/3/1913. Note History

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.

(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.) (Section in parentheses clarified by the 16th Amendment.)

No Tax or Duty shall be laid on Articles exported from any State.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life...; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

If one reads all the above it will become obvious that a progressive re-distributive income tax or any tax for that matter can not "TAKE" property for any use without "JUST COMPENSATION" [5th amendment]

The Congress and the courts have usurped powers not contained in the actual Constitution. Taking is a serious violation of individual rights to property [wealth, monies, coins, enterprises + more]. JMO

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