The Sixteenth Amendment

Income Tax

The 16th amendment to the constitution states in full: AMENDMENT XVI

Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by amendment 16.

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.

As noted above this amendment modified Article 1 Section 9 of the constitution, specifically paragraph 4 of that section which states: “4:  No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be takenObviously the underlining is mine.

Now the question here is this amendment really necessary? Of course not. The next question that should arise is do we really need a national income tax? Well, actually we just might. But we certainly don’t need or want it in its present form. There are several things wrong with it and I would like to take some time enumerating a few of them.

The first point I would like to make is the current structuring of the IRS is, to my mind, in direct opposition to the will of the Constitution. Just take a look at the very first thing the founding fathers wrote in this well thought out document:

Article I

Section 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

The Congress of the United States knew this quite well so they needed a way to fool the people when they set up the income tax structure under this amendment. How to give the new Internal Revenue Service POWER! (such an innocuous sounding title, at the time) They came up with a way to give them legislative powers! They called it a “regulatory agency” They could formulate “regulations” the violation of which would be punishable in a court of law. Hmm Sounds like they actually have the power make their own laws and they do! Now that is not in that amendment. How did that happen? The people were asleep again. Should we repeal the 16th? Absolutely. Can we? Not a chance. Not with the mindset we have in congress these days. Wait a minute. It is not necessarily up to congress. We have some rights here. We the People actually do have some rights, no matter what the power elite in Washington want you to believe. Remember Article V of our Constitution? That little article gives US the right to change the Constitution via a Convention Of States. I understand that it must be very carefully set up. It certainly can’t allow just anything to be introduced. There are some really liberal and selfish people out there. How about we limit the topic? How about we set it up so only amendment designed to LIMIT the power of the Federal Government as the founding father intended. LIMIT the terms of office. LIMIT the ability to tax. LIMIT is the key word. The founding fathers made it very clear tha they were concerned about the very thing that is happening today. A group of professional politicians eager to have and keep power using their power of the amendment to rule us regardless of our rights or needs. Hell, we even have a President that has told the nation and congress the he will rule with his phone and his pen and congress and the people be damned.

We are ruled by fiat these days. For those of you that don’t know exactly what that means take a look at the definition. Full Definition of fiat.

1:  a command or act of will that creates something without or as if without further effort

2:  an authoritative determination :  dictate

3:  an authoritative or arbitrary order :  decree <government by fiat>

Does it sound familiar?

Back to the 16th amendment.. This purposefully changed the role of the federal government and the way taxes were to be levied. Not in a good way in my opinion. The establishment of the IRS and their ‘regulatory powers’ and the virtual creation of a government within a government. One that does not answer to the people they are suppose to serve in any way. We try to remember that the last word in their name is SERVICE. Not law givers. Not legislature. Service.

I believe that any rational being can reason the we need to be able to collect taxes for the federal government. We need the military, we need help with the infrastructure from a central point. We need interstate commerce oversight as imposed by the Commerce Clause of the constitution, but we need to observe the 10th amendment at ALL times.

So, yes, we need taxes, as much as I hate that concept and we need a method of collecting those taxes.

Do you think that Congress will even allow to be considered a bill to ameliorate or mitigate one of their primary powers? Neither do I. The petitions will only serve to let them know that some people are unhappy, unfortunately they don’t care. Yeah, I signed one. Frustration, I guess.



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