Different Strokes For
Different Folks
Does Congress Have the
Authority to Tax Americans At Different Rates? No! Congress may not have the authority to tax
Americans period. Further
proof that the Electorate has either no regard for, or is ignorant of history
and the content of
the U.S. Constitution
By de Andréa
January 4, 2013
In light of the
Fiscal Cliff debate and debacle, the 16th Amendment
that was passed February 3, 1913, gave birth to the IRS and gave the Federal
Government unlimited authority and power to tax every citizen. Well…maybe not. Here’s the wording of the 16th Amendment: “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.”
Please note that there is no provision
in this amendment that Congress is given the right to ‘unequally’ apply this authority. Moreover, the 10th Amendment
clearly says that without Constitutional authority Congress cannot do it. Here is the wording of the 10 Amendment: “The powers not delegated to the United States
Read what USA THE
REPUBLIC has to say. The whole IRS system is illegal. Note that the 16th Amendment doesn’t
define whose “income”, it simply says “income”.
It purposely does not say “personal’ income” because the Supreme Court had
previously struck that down. The
definition of income was purposely eliminated to confuse the states at time of
ratification. Actually the Supreme Court
and the U.S. Treasury had previously defined income as being derived from corporate
profits. Personal money isn’t defined as
income because it is not profit therefore there is no income, but instead is
defined as “equal trade”. Money from the
employer is equally traded for the employees work, no profit, therefore no income
therefore no tax. Personal income tax period
is therefore illegal.
Equality under the law
Equality under the law requires that as
each of us stands before the courts or the Constitution, ‘no one’ may be
treated in an unequal way. The law applies
to every citizen ‘equally’… except, as it seems, when it comes to the
application of the 16th Amendment at the discretion of the
Congress. Our Government attacks
incentive and penalizes success and wealth!
Does the First Amendment parcel out its
freedom in percentages? Doesn’t every
person have the same right to speak, write, and assemble? Rich people and poor people have the same
percentage of these rights — 100 percent.
The same is true of the Second
Amendment. Everybody has a right to “keep
and bear arms” at the same rate. Rich
people and poor people have a right to purchase as many guns as they want. Because the rich can afford more guns does
not mean that they have to pay more for those guns.
The same is true about the Fourth,
Fifth, Sixth, Seventh, and Eighth Amendments.
Read them over and try to apply the percentage differences to them like
Congress and the President do with the 16th Amendment.
Cruel and unusual punishment
The 8th Amendment can
be applied in the case of increased percentages in taxation because the
practice could be considered “cruel and unusual punishment.” Liberals regard taxation at ever higher rates
“as punitive”. Higher taxes are designed
to ‘punish the rich’. Sen. Rand Paul
notes the law of diminishing returns on raising taxes. Progressive taxation is not about increased
revenue, it’s about the redistribution of wealth: “You may not get any more revenue. [Because’]
You may not get any more economic growth. But you can say, ‘I stuck it to the rich
people.’” A progressive income
tax could legally be addressed as “cruel and unusual punishment.”
The 14th Amendment could also apply. No State “shall . . . deprive any person of life,
liberty, or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.” “Equal protection.” Our government is not legally permitted to
treat people in an unequal manner. In Plessy v. Ferguson (1896), Justice
John Marshall Harlan argued the following
in his “Great Dissent”: “In
view of the Constitution, in the eye of the law, there is in this country no
superior, dominant, ruling class of citizens.
There is no caste here. Our
Constitution is color-blind, and neither knows nor tolerates classes among
citizens. In respect of civil rights,
all citizens are equal before the law. The
humblest is the peer of the most powerful.”
The rich are illegally considered a
“class” in American politics. We speak
of “class warfare” on a regular basis. Why
are the rich classes treated unequally when it comes to legislative law? The taxation of income at unequal levels
deprives people of liberty and property.
Plus it stifles economic growth and adds to unemployment. I.e. did you ever work for a poor employer? How did that work out for you? It seems to me that the criminals that should
be punished here are the Congress not the rich.
THE BOTTOM LINE: The year 1916 was a big turning point
for America . The 16th Amendment so-called
Income Tax Amendment which enabled the Federal Government to become large and
powerful, the very thing the Framers didn’t want because it would make
dependants out of the individual states.
(It has) The 17th Amendment
was passed changing the election of Senators from the states to the people, taking
any representation and sovereignty away from the states. The people already had representation in
their district congressmen. This
Amendment changed the Constitutional representative Republic of the United States of America
into a true Democracy, another thing the Framers didn’t want. The third major change was the Federal Reserve
Act taking the responsibility of money printing away from the Treasury and putting
it in the hands of a group of independent private bankers.
All of these changes were designed to
upset the stability of power and of the checks and balances and take power away
form the states, take power away from the people, and above all, to create
unlimited power for the Federal government. Do you think that has become successful? Looks like it to me!
All we need now is a lawyer or group of
lawyers to make this point in the courts. As I said at the beginning either Congress has
no regard for, or is ignorant of the Constitution. I think it is a lot of both…What do you think?
Thanks for listening – de Andréa
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