tazzygirl
Posts: 37833
Joined: 10/12/2007
Status: offline
|
quote:
ORIGINAL: Real0ne
quote:
ORIGINAL: tazzygirl
article 1, 9
No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken
capitation... a tax or fee of so much per head; payment per capita
enumeration... To count off or name one by one; list
so, no tax or fee of so much per head, or other direct, tax shall be laid, unless in proportion to the census or count herein before directed to be taken.
16th
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.
In the United States, the term "direct tax" has a different meaning for the purposes of constitutional law. Traditionally, a direct tax in the constitutional sense means a tax on property "by reason of its ownership"[3] (such as an ordinary real estate property tax imposed on the person owning the property as of January 1st of each year) as well as a capitation (a "head tax").[4] In the late 1800s, U.S. courts also began to treat an income tax on income from property as a direct tax.[5] In U.S. constitutional law, an "indirect tax" or "excise" is an "event" tax. In this sense, a transfer tax (such as gift tax and estate tax) is an indirect tax. Income taxes on income from personal services such as wages are also indirect taxes in this sense.[6] The United States Court of Appeals for the District of Columbia Circuit has stated: "Only three taxes are definitely known to be direct: (1) a capitation [ . . . ], (2) a tax upon real property, and (3) a tax upon personal property."[7]
In the United States, Article I, Section 9 of the Constitution requires that direct taxes imposed by the national government be apportioned among the states on the basis of population. After the 1895 Pollock ruling (essentially, that taxes on income from property should be treated as direct taxes), this provision made it difficult for Congress to impose a national income tax that applied to all forms of income until the 16th Amendment was ratified in 1913. After the Sixteenth Amendment, no Federal income taxes are required to be apportioned, regardless of whether they are direct taxes (taxes on income from property) or indirect taxes (all other income taxes).[8]
http://en.wikipedia.org/wiki/Direct_tax
Seems pretty simple to me.
well it does to me too.....
So unless you state what is simple and why I have no idea what you are referring too.
i believe you like being deliberately obtuse. prohibition admendment was repealed because that was all it was concerning, prohibition. repealing that measure in the 18th did not affect any other part of the constitution.
Article 1 - The Legislative Branch
Section 9 - Limits on Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
(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.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
http://www.usconstitution.net/xconst_A1Sec9.html
repealing article 1 would have caused many changes, not just the one concerning taxes. repealing article 1, section 9, same response. instead of repealing that whole section, the rewriting the one part they wanted to change, then adding the whole thing back in, they amended the one part they wanted to change.
holding state constitutions as the example of how the federal should be run isnt going to cut it.
_____________________________
Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.
|
RE: X-IRS-Criminal-Investigator - 16th Amendment Never ... - 
Profile
New Messages
No New Messages
Hot Topic w/ New Messages
Hot Topic w/o New Messages
Locked w/ New Messages
Locked w/o New Messages
Post New Thread