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| quote: | Originally posted by Funkesthesiac69
Ok so u trust Barack Obama in a debate that was not even fact-checked by the mainstream media (not credible and certaintly not fair and balanced) to give you the figures? you are certainly a critical thinker in that respect and yet you doubt my lack of skepticism? I am obviously enough of a critical thinker to disagree with many of zeitgeist's contentions about 911 and about the hegemonic role of the federal reserve system in instigating wars so don't doubt my capacity to be skeptical! |
Why are you changing the subject? Are you incapable of refuting my rebuttals of your ridiculous assertions about the Fed? We're not talking about Obama or the media. And yes, you are not a skeptic. Otherwise, you'de take these conspiracy theories with a grain of salt, and it's obviously, you've swallowed all of it without even examining opposing points of view. Congrats, you're officially a follower.
| quote: | why not talk about the unconstitutional income tax?
In order to understand this issue, it is important to review the taxing clauses of the Constitution and the events that led to the adoption of the Sixteenth Amendment. The Constitution divides all taxes into two classes: direct and indirect. Article I, Section 8, Clause 1 grants the federal government its power to impose taxes:
"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."
The above section is limited by Article I, Section 2, Clause 3:
"Representatives and direct Taxes shall be apportioned among the several States…."
And Article I, Section 9, Clause 4:
"No Capitation, or other direct Tax, shall be laid, unless in Proportion to the Census or Enumeration…."
As contemplated by the Founders, direct taxes were required to be levied according to the rule of apportionment while indirect taxes were required to be levied according to the rule of uniformity. Thus, anytime Congress attempted to impose a direct tax; it was required to apportion the tax among the States according to the rule of apportionment.
In 1895, a legal controversy arose concerning a federal income tax statute. In that year, the United States Supreme Court struck down, as unconstitutional, the federal Income Tax Act of 1894. The Court concluded the tax imposed by the Act on “rents or income of real estate” was not significantly distinct from a tax on the property itself. Therefore, the Court classified the tax as a direct tax requiring apportionment among the several States.
Following this ruling, even though the Court did not hold that all income taxes were direct taxes, there was uncertainty as to whether the income tax was a direct or indirect tax. As a result, Congress sought to remove any confusion by passing an amendment to the Constitution. The Sixteenth Amendment, which was “allegedly” adopted in 1913, states:
"The Congress shall have the 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."
Immediately after the Amendment was ratified, Congress enacted another income tax act similar to the 1894 Act. The new law was immediately challenged as unconstitutional. In 1916, the Supreme Court issued two decisions on the scope of the Amendment. These decisions were analyzed in a 1980 Congressional Research Service (CRS) report. The report, prepared by an agency of Congress, discussed the effect of the Sixteenth Amendment on the federal government’s power to tax:
The Supreme Court, in a decision written by Chief Justice White, first noted that the Sixteenth Amendment did not authorize any new type of tax, nor did it repeal or revoke the tax clauses of Article I of the Constitution… Direct taxes were, notwithstanding the advent of the Sixteenth Amendment, still subject to the rule of apportionment and indirect taxes were still subject to the rule of uniformity.
So if your such a critical thinker explain to me how the income tax is not a direct unapportioned tax? |
First of all, critical thinking is simply the examination of BOTH sides of an issue, without any preconceived opinion. I have had your exact opinion on this issue before, until I examined the other side of the issue, critically, and decided there really isn't a lot of meat to your side of the argument.
To answer your question, "explain to me how the income tax is not a direct unapportioned tax?" First off, I will not prove a negative, because that would be a negative proof fallacy. Instead, I'll prove to you how it is an indirect unapportioned tax. In your deluge of court cases you posted, you conveniently left out one...Springer v. United States, 102 U.S. 586 (1881)...this court case reinforced the legality of the Revenue Act of 1864, which taxed "the gains, profits, and income of every person residing in the United States, or of any citizen of the United States residing abroad, whether derived from any kind of property, rents, interest, dividends, or salaries, or from any profession, trade, employment, or vocation, carried on in the United States or elsewhere, or from any other source whatever [ . . . ]"
The Supreme Court has time and again upheld the constitutionality of the income tax. Do I personally like the income tax? No. If I had my way, all taxes except for a national sales tax, would be abolished. Income, corporate, property, etc. But the income tax is constitutional.
| quote: | | Oh and btw how come alcohol prohibition needed an amendment to the U.S. constitution to be implemented and then repealed? could you say the same thing about the about the CSA (CONTROLLED Substances Act of 1970) which effectively scheduled drugs according to their government purported harm to society? Maybe it's because people stopped recognizing the constitution which specifically guarantees the right to life, liberty and property and started loosely interpretting the constitution to such an extent that it is for all intents an purposes now considered a non-binding "piece of paper" as Dubya likes to call it. |
Stop changing the subject.
| quote: | So as a critical thinker would you agree with the patriot act?
As a critical thinker would you even contemplate the fact in America's history there were two other central banks which both failed miserably and were abolished? of course there was banking instability without a central bank and of course the longevity of the banks were shortened but by passing the federal reserve act the bankers who precipitated previous runs on the banks were essentially granted control over the federal reserve system, which in turn used its monetary power to consolidate its power by creating conditions ripe for the bank failures of the great depression further consolidating its power? |
Again, changing the subject. Are we talking about the Federal Reserve, or the Patriot Act?
The first two central banks of the USA, were hardly the central banks we know of today. They were not regulatory bodies, had no monopoly on money supply, and were not lenders of last resort. The Second Bank especially, was simply a depository for government tax revenue. They made loans to anyone they wanted to make a loan to, backed by tax revenue. Ultimately, this led to corruption. The Federal Reserve System is completely different. They don't keep tax revenue from the Federal government. They are strictly, a regulatory body, charged with maintaining the stability of the currency and of the financial system of the country, and are the "lender of last resort". They make loans only to member banks, not just to anyone they want. You're comparing apples to oranges.
What the hell is your alternative? Who is going to regulate the financial system, control money supply, be a lender of last resort, etc. etc.???
And with that, I have to go to sleep, I'll certainly answer the rest of your stuff tomorrow...
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