Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Amendment10
Getting rid of 17A would help put a major dent in not only putting a stop to unconstitutional federal taxes, taxes that Congress cannot justify under its Article I, Section 8-limited powers, but also putting a stop to unconstitutional federal government interference in the affairs of the sovereign states.

"Unconstitutional federal taxes" were made constitutional by the 16th Amendment. That may be what your quarrel is with -- the graduated federal income tax.

The 17th Amendment is direct election of senators. Nobody's going to get rid of that and it wouldn't change much if they did.

50 posted on 08/03/2017 2:32:19 PM PDT by x
[ Post Reply | Private Reply | To 29 | View Replies ]


To: x; All
""Unconstitutional federal taxes" were made constitutional by the 16th Amendment."

Without looking x, can you tell me why the Founding States made the Constitution’s Section 8 of Article I?

With all due respect x, since the state sovereignty-respecting Supreme Court justices who decided Gibbons v. Ogden had clarified that taxation is a basic form of government control, you’re basically saying that the 16th Amendment effectively repealed the 10th Amendment which is wrong.

"Congress is authorized to lay and collect taxes, &c. to pay the debts and provide for the common defence and general welfare of the United States. This does not interfere with the power of the States to tax for the support of their own governments, nor is the exercise of that power by the States an exercise of any portion of the power that is granted to the United States. In imposing taxes for State purposes, they are not doing what Congress is empowered to do. Congress is not empowered to tax for those purposes which are within the exclusive province of the States."—Justice John Marshall, Gibbons v. Ogden, 1824.


In fact, after the 16th Amendment was ratified in 1913, the Supreme Court once again reflected on the unique powers of the states to tax and spend to exercise the unique powers of the state, INTRAstate healthcare for example.

"Direct control of medical practice in the states is obviously [emphases added] beyond the power of Congress.” —Linder v. United States, 1925.

62 posted on 08/03/2017 3:46:13 PM PDT by Amendment10
[ Post Reply | Private Reply | To 50 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson