Posted on 05/23/2014 7:36:45 PM PDT by JOHN W K
On this evening’s show, 5/23/2014, Mark Levin talked about the Great Compromise of the Convention of 1787, but he never mentioned how the apportionment of both taxation and representation became the moving parts of the Great Compromise. So, let me fill in the parts Mark Levin left out.
During the framing of our existing Constitution the question of how each State would be represented in Congress became a matter of heated debate and deciding upon rules which fixed each State’s representation created an impasse during the Convention. On July 2nd of the Convention Sherman of Connecticut remarked: “We are now at a full stop, and nobody he supposed meant that we should break up without doing something” The Convention did not sit for the next couple of days to allow an appointed committee to hopefully come up with a workable plan for how the States would be represented in Congress. Then, on THURSDAY July 5th 1787, IN CONVENTION, Madision’s Notes records the following:
Mr. GERRY delivered in from the Committee appointed on Monday last the following Report.
"The Committee to whom was referred the 8th. Resol. of the Report from the Committee of the whole House, and so much of the 7th. as has not been decided on, submit the following Report: That the subsequent propositions be recommended to the Convention on condition that both shall be generally adopted. 1. That in the 1st. branch of the Legislature each of the States now in the Union shall be allowed 1 member for every 40,000 inhabitants of the description reported in the 7th. Resolution of the Come. of the whole House: that each State not containing that number shall be allowed 1 member: that all bills for raising or appropriating money, and for fixing the Salaries of the officers of the Governt. of the U. States shall originate in the 1st. branch of the Legislature, and shall not be altered or amended by the 2d. branch: and that no money shall be drawn from the public Treasury. but in pursuance of appropriations to be orginated in the 1st. branch" II. That in the 2d. branch each State shall have an equal vote."
This proposal sparked some of the most important debates of the Convention regarding representation and the manner in which the federal treasury would be filled. All those who now complain of our federal government’s excesses and unjust taxation, ought to read these debates which eventually led to the great compromise of the Convention under which taxation and representation were thoughtfully tied by the same standard ___ each to be apportioned by the various State population sizes!
On July 12 of the Convention, and after fierce debates concerning taxation and representation, Mr. MORRIS proposed a workable compromise, “that taxation shall be in proportion to Representation."
Eventually this compromise became Article 1, Section 2, Clause 3 of our existing Constitution “Representatives and direct taxes shall be apportioned among the several States…….” The intention agreed upon with these words--- contrary to the myth advanced by our progressive sympathizing news media and government operated schools, that our Constitution made Black’s 3/5ths of a person --- the real intention for these words was the creation of two rules: one was intended to determine each state’s allotted number of representatives in Congress; and a second rule for filling the national treasury was agreed upon if imposts, duties and miscellaneous excise taxes were found insufficient to meet Congress’s expenditures, and Congress found it necessary to resort to a general tax among the States which fell directly upon the people and their property.
The two rules, considering subsequent amendments to our Constitution, may be represented as follows and applies to any general tax among the States which reaches the people or their property, and the other rule applies to each state’s number of allotted representatives in Congress.
State`s Population
_________________X House membership (435) = State`s No.of Reps
population of U.S.
State`s population
_________________ X SUM TO BE RAISED = STATE`S SHARE OF TAX
Total U.S. Population
Now why does Mark Levin continually ignore apportionment as applied to taxation?
Here are some of our founders expressed intentions regarding apportionment as applied to taxation:
Pinckney addressing the S.C. ratification convention with regard to the rule of apportionment :
“With regard to the general government imposing internal taxes upon us, he contended that it was absolutely necessary they should have such a power: requisitions had been in vain tried every year since the ratification of the old Confederation, and not a single state had paid the quota required of her. The general government could not abuse this power, and favor one state and oppress another, as each state was to be taxed only in proportion to its representation.” 4 Elliot‘s, S.C., 305-6
And see:
“The proportion of taxes are fixed by the number of inhabitants, and not regulated by the extent of the territory, or fertility of soil”3 Elliot’s, 243,“Each state will know, from its population, its proportion of any general tax” 3 Elliot’s, 244 ___ Mr. George Nicholas, during the ratification debates of our Constitution.
Mr. Madison goes on to remark about Congress’s “general power of taxation” that, "they will be limited to fix the proportion of each State, and they must raise it in the most convenient and satisfactory manner to the public."3 Elliot, 255
And if there is any confusion about the rule of apportionment intentionally designed to insure that the people of those states contributing the lion’s share to fund the federal government are guaranteed a proportional vote in Congress equal to their contribution, Mr. PENDLETON says:
“The apportionment of representation and taxation by the same scale is just; it removes the objection, that, while Virginia paid one sixth part of the expenses of the Union, she had no more weight in public counsels than Delaware, which paid but a very small portion”3 Elliot’s 41
Also see an Act laying a direct tax for $3 million in which the rule of apportionment is applied.
And then see Section 7 of direct tax of 1813 allowing states to pay their respective quotas and be entitled to certain deductions in meeting their payment on time.
JWK
“Honest money and honest taxation, the Key to America’s future Prosperity“ ___ from “Prosperity Restored by the State Rate Tax Plan”, no longer in print.
Thanks!
How does leaving out something that you think is worth while the same thing as distortion????
Levin is good on history and the constitution. You din’t work for Reagan. Don’t know if you have a law degree. You don’t have a radio show. You haven’t taken cases to the supreme court.
Guess I will take Mark’s info as solid
what is your point?
Why are you starting to act like a troll?
You like Weiner, we get it.
There is only so much content going into 6-8 minute segments and then some commcommentaryentary.
TROLL.
Get a new hobby, this crap is getting old.
Post your CV
JWK
Thank God for Mark Levin. One of the true patriots that has always said what needed saying. I’m sure Mark appreciates the
1/2 hour you spent formulating your bullet points to reach a couple hundred people. Come back when you reach millions and maybe you would carry more than an ounce of weight.
CV?
He doesn’t even have anything on his profile page.
CV?
Curriculum vitae, what fancy pants people have instead of resumes.
JWK
If we can make 51 percent of America’s population dependent upon an Obama, welfare, food stamp, section 8 housing, college loan check, and now free Obamacare along withFREE BACON, we can blackmail them for their vote, keep ourselves in power and keep the remaining portion of America’s productive population enslaved to pay the bills ____ Obama’s Marxist Free Cheese Democracy, which is designed to establish a federal dictatorship and redistribute the wealth which wage earners, business and investors have worked to create.
Thnx
pfl
His blog site with profile is here. . .
http://usafoundingfathers.blogspot.com/
AMERICAN CONSTITUTIONAL RESEARCH SERVICE, as referenced in this previous thread. . .
http://www.freerepublic.com/focus/f-rlc/2364323/posts
Well, if you’re reaching a few million every evening, there must be a history of validity. As an earlier poster typed, brushing over a subject for the sake of brevity, does not make it distortion. Do you have a Doctorate in jurisprudence?
Seems strange that so many people here attack you for your lack of credentials, celebrity status or whatever.
Guess I thought the message was all that mattered.
And a “Doctor of Jurisprudence” is not a big deal; my father graduated from Law school before they used that term and sent him his J.D. in the mail one day.
He said it made him feel like Oz had just bestowed a degree on him. I said he didn’t look like a Scarecrow...
But anyway thanks for the history. Have long wondered why apportionment was not tried. As you’ve shown, the Framers saw it as the equitable solution: the sovereign States would each pay their dues in proportion to their population.
That would keep things close to home, and the “general government” out of people’s lives. It shows how utterly contrary to the Original Intent that the 16th amendment is.
The sooner we repeal this despicable vestige of feudalism the sooner we get back to the Republic that was founded, and was so incredibly successful.
http://en.wikipedia.org/wiki/Ad_hominem
A little over $3,000 per head comes to $1 trillion in tax revenue.
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