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IRS Threatens Political Speech
US House ^ | 24 Jul | Congressman Ron Paul

Posted on 07/27/2006 8:20:43 AM PDT by xzins

Five years ago, I wrote about threats made by the Internal Revenue Service against conservative churches for supposedly engaging in politicking. Today, the IRS is again attempting to chill free speech, sending notices to more than 15,000 non-profit organizations—including churches—regarding its new crackdown on political activity.

But what exactly constitutes political activity? What if a member of the clergy urges his congregation to work toward creating a pro-life culture, when an upcoming election features a pro-life candidate? What if a minister admonishes churchgoers that homosexuality is sinful, when an initiative banning gay marriage is on an upcoming ballot? Where exactly do we draw the line, and when does the IRS begin to violate the First amendment’s guarantee of free exercise of religion?

I agree with my colleague Walter Jones of North Carolina that the political views of any particular church or its members are none of the government’s business. Congressman Jones introduced legislation that addresses this very serious issue of IRS harassment of churches engaging in conservative political activity. This bill is badly needed to end the IRS practice of threatening certain politically disfavored faiths with loss of their tax-exempt status, while ignoring the very open and public political activities of other churches. While some well-known leftist preachers routinely advocate socialism from the pulpit, many conservative Christian and Jewish congregations cannot present their political beliefs without risking scrutiny from the tax collector.

The supposed motivation behind the ban on political participation by churches is the need to maintain a rigid separation between church and state. However, the First amendment simply prohibits the federal government from passing laws that establish religion or prohibit the free exercise of religion. There certainly is no mention of any "separation of church and state," yet lawmakers and judges continually assert this mythical doctrine.

The result is court rulings and laws that separate citizens from their religious beliefs in all public settings, in clear violation of the free exercise clause. Our Founders never envisioned a rigidly secular public society, where people must nonsensically disregard their deeply held beliefs in all matters of government and politics. They certainly never imagined that the federal government would actively work to chill the political activities of some churches.

Speech is speech, regardless of the setting. There is no legal distinction between religious expression and political expression; both are equally protected by the First amendment. Religious believers do not drop their political opinions at the door of their place of worship, nor do they disregard their faith at the ballot box. Religious morality will always inform the voting choices of Americans of all faiths.

The political left, however, seeks to impose the viewpoint that public life must be secular, and that government cannot reflect morality derived from faith. Many Democrats, not all, are threatened by strong religious institutions because they want an ever-growing federal government to serve as the unchallenged authority in our society. So the real motivation behind the insistence on a separation of church and state is not based on respect for the First amendment, but rather on a desire to diminish the influence of religious conservatives at the ballot box.

The Constitution's guarantee of religious freedom must not depend on the whims of IRS bureaucrats. Religious institutions cannot freely preach their beliefs if they must fear that the government will accuse them of "politics." We cannot allow churches to be silenced any more than we can allow political dissent in general to be silenced. Free societies always have strong, independent institutions that are not afraid to challenge and criticize the government.


TOPICS: Editorial; News/Current Events
KEYWORDS: 1stamendment; churchandstate; elections; firstamendment; freeexercise; freespeech; govwatch; irs; scotus; taxes
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To: EternalVigilance
Good question!!!

I think they'd make a beeline for the FairTax as by far the more beneficial to our country,

121 posted on 07/27/2006 10:13:16 AM PDT by pigdog
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To: Mind-numbed Robot
The present tax system is much more than a mechanism to impose and collect taxes. It is a system of social and economic control as well. Many things accomplished by the present tax system would be abhorred if attempted independently. Get rid of it!!

A M E N ! !

We have known this for some time now and ye we sleep!

The following is well worth taking the time to read:

This article was first published in the January, 1946, issue of a periodical named American Affairs.

TAXES FOR REVENUE ARE OBSOLETE

by Beardsley Ruml,
Chairman of the Federal Reserve Bank of New York.

Mr. Ruml read this paper before the American Bar Association during the last year of the war [World War II]. It attracted then less attention than it deserved and is even more timely now, with the tax structure undergoing change for peacetime. His thesis is that given (1) control of a central banking system and (2) an inconvertible currency, a sovereign national government is finally free of money worries and need no longer levy taxes for the purpose of providing itself with revenue. All taxation, therefore, should be regarded from the point of view of social and economic consequences. The paragraph that embodies this idea will be found italicized in the text. Mr. Ruml does not say precisely how in that case the government would pay its own bills. One may assume that it would either shave its expenses out of the proceeds of taxes levied for social and economic ends or print the money it needs. The point may be academic. The latter end of his paper is devoted to an argument against taxing corporation profits. --- Editor.

The superior position of public government over private business is nowhere more clearly evident than in government's power to tax business. Business gets its many rule-making powers from public government. Public government sets the limits to the exercise of these rule-making powers of business, and protects the freedom of business operations within this area of authority. Taxation is one of the limitations placed by government on the power of business to do what it pleases.

There is nothing reprehensible about this procedure. The business that is taxed is not a creature of flesh and blood, it is not a citizen. It has no voice in how it shall be governed --- nor should it. The issues in the taxation of business are not moral issues, but are questions of practical effect: What will get the best results? How should business be taxed so that business will make its greatest contribution to the common good?

It is sometimes instructive when faced with alternatives to ask the underlying question. If we are to understand the problems involved in the taxation of business, we must first ask: "Why does the government need to tax at all?" This seems to be a simple question, but, as is the case with simple questions, the obvious answer is likely to be a superficial one. The obvious answer is, of course, that taxes provide the revenue which the government needs in order to pay its bills.

It Happened
If we look at the financial history of recent years it is apparent that nations have been able to pay their bills even though their tax revenues fell short of expenses. These countries whose expenses were greater than their receipts from taxes paid their bills by borrowing the necessary money. The borrowing of money, therefore, is an alternative which governments use to supplement the revenues from taxation in order to obtain the necessary means for the payment of their bills.

A government which depends on loans and on the refunding of its loans to get the money it requires for its operations is necessarily dependent on the sources from which the money can be obtained. In the past, if a government persisted in borrowing heavily to cover its expenditures, interest rates would get higher and higher, and greater and greater inducements would have to be offered by the government to the lenders. These governments finally found that the only way they could maintain both their sovereign independence and their solvency was to tax heavily enough to meet a substantial part of their financial needs, and to be prepared ---if placed under undue pressure --- to tax to meet them all.

The necessity for a government to tax in order to maintain both its independence and its solvency is true for state and local governments, but it is not true for a national government. Two changes of the greatest consequence have occurred in the last twenty-five years which have substantially altered the position of the national state with respect to the financing of its current requirements.

The first of these changes is the gaining of vast new experience in the management of central banks.

The second change is the elimination, for domestic purposes, of the convertibility of the currency into gold.

Free of the Money Market
Final freedom from the domestic money market exists for every sovereign national state where there exists an institution which functions in the manner of a modern central bank, and whose currency is not convertible into gold or into some other commodity.

The United States is a national state which has a central banking system, the Federal Reserve System, and whose currency, for domestic purposes, is not convertible into any commodity. It follows that our Federal Government has final freedom from the money market in meeting its financial requirements. Accordingly, the inevitable social and economic consequences of any and all taxes have now become the prime consideration in the imposition of taxes. In general, it may be said that since all taxes have consequences of a social and economic character, the government should look to these consequences in formulating its tax policy. All federal taxes must meet the test of public policy and practical effect. The public purpose which is served should never be obscured in a tax program under the mask of raising revenue.

What Taxes Are Really For
Federal taxes can be made to serve four principal purposes of a social and economic character. These purposes are:
1. As an instrument of fiscal policy to help stabilize the purchasing power of the dollar;

2. To express public policy in the distribution of wealth and of income, as in the case of the progressive income and estate taxes;

3. To express public policy in subsidizing or in penalizing various industries and economic groups;

4. To isolate and assess directly the costs of certain national benefits, such as highways and social security.

In the recent past, we have used our federal tax program consciously for each of these purposes. In serving these purposes, the tax program is a means to an end. The purposes themselves are matters of basic national policy which should be established, in the first instance, independently of any national tax program.

Among the policy questions with which we have to deal are these:

Do we want a dollar with reasonably stable purchasing power over the years?

Do we want greater equality of wealth and of income than would result from economic forces working alone?

Do we want to subsidize certain industries and certain economic groups?

Do we want the beneficiaries of certain federal activities to be aware of what they cost?

These questions are not tax questions; they are questions as to the kind of country we want and the kind of life we want to lead. The tax program should be a means to an agreed end. The tax program should be devised as an instrument, and it should be judged by how well it serves its purpose.

By all odds, the most important single purpose to be served by the imposition of federal taxes is the maintenance of a dollar which has stable purchasing power over the years. Sometimes this purpose is stated as "the avoidance of inflation"; and without the use of federal taxation all other means of stabilization, such as monetary policy and price controls and subsidies, are unavailing. All other means, in any case, must be integrated with federal tax policy if we are to have tomorrow a dollar which has a value near to what it has today.

The war has taught the government, and the government has taught the people, that federal taxation has much to do with inflation and deflation, with the prices which have to be paid for the things that are bought and sold. If federal taxes are insufficient or of the wrong kind, the purchasing power in the hands of the public is likely to be greater than the output of goods and services with which this purchasing demand can be satisfied. If the demand becomes too great, the result will be a rise in prices, and there will be no proportionate increase in the quantity of things for sale. This will mean that the dollar is worth less than it was before --- that is inflation. On the other hand, if federal taxes are too heavy or are of the wrong kind, effective purchasing power in the hands of the public will be insufficient to take from the producers of goods and services all the things these producers would like to make. This will mean widespread unemployment.

The dollars the government spends become purchasing power in the hands of the people who have received them. The dollars the government takes by taxes cannot be spent by the people, and, therefore, these dollars can no longer be used to acquire the things which are available for sale. Taxation is, therefore, an instrument of the first importance in the administration of any fiscal and monetary policy.

To Distribute the Wealth
The second principal purpose of federal taxes is to attain more equality of wealth and of income than would result from economic forces working alone. The taxes which are effective for this purpose are the progressive individual income tax, the progressive estate tax, and the gift tax. What these taxes should be depends on public policy with respect to the distribution of wealth and of income. It is important, here, to note that the estate and gift taxes have little or no significance, as tax measures, for stabilizing the value of the dollar. Their purpose is the social purpose of preventing what otherwise would be high concentration of wealth and income at a few points, as a result of investment and reinvestment of income not expended in meeting day-to-day consumption requirements. These taxes should be defended and attacked it terms of their effects on the character of American life, not as revenue measures.

The third reason for federal taxes is to provide a subsidy for some industrial or economic interest. The most conspicuous example of these taxes is the tariffs on imports. Originally, taxes of this type were imposed to serve a double purpose since, a century and a half ago, the national government required revenues in order to pay its bills. Today, tariffs on imports are no longer needed for revenue. These taxes are nothing more than devices to provide subsidies to selected industries; their social purpose is to provide a price floor above which a domestic industry can compete with goods which can be produced abroad and sold in this country more cheaply except for the tariff protection. The subsidy is paid, not at the port of entry where the imported goods are taxed, but in the higher price level for all goods of the same type produced and sold at home.

The fourth purpose served by federal taxes is to assess, directly and visibly, the costs of certain benefits. Such taxation is highly desirable in order to limit the benefits to amounts which the people who benefit are willing to pay. The most conspicuous examples of such measures are the social security benefits, old-age and unemployment insurance. The social purposes of giving such benefits and of assessing specific taxes to meet the costs are obvious. Unfortunately and unnecessarily, in both cases, the programs have involved staggering deflationary consequences as a result of the excess of current receipts over current disbursements.

The Bad Tax
The federal tax on corporate profits is the tax which is most important in its effect on business operations. There are other taxes which are of great concern to special classes of business. There are many problems of state and local taxation of business which become extremely urgent, particularly when a corporation has no profits at all. However, we shall confine our discussion to the federal corporation income tax, since it is in this way that business is principally taxed. We shall also confine our considerations to the problems of ordinary peacetime taxation since, during wartime, many tax measures, such as the excess-profits tax, have a special justification.

Taxes on corporation profits have three principal consequences --- all of them bad. Briefly, the three bad effects of the corporation income tax are:

1. The money which is taken from the corporation in taxes must come in one of three ways. It must come from the people, in the higher prices they pay for the things they buy; from the corporation's own employees in wages that are lower than they otherwise would be; or from the corporation's stockholders, in lower rate of return on their investment. No matter from which sources it comes, or in what proportion, this tax is harmful to production, to purchasing power, and to investment.

2. The tax on corporation profits is a distorting factor in managerial judgment, a factor which is prejudicial to clear engineering and economic analysis of what will be best for the production and distribution of things for use. And, the larger the tax, the greater the distortion.

3. The corporation income tax is the cause of double taxation. The individual taxpayer is taxed once when his profit is earned by the corporation, and once again when he receives the profit as a dividend. This double taxation makes it more difficult to get people to invest their savings in business than if the profits of business were only taxed once. Furthermore, stockholders with small incomes bear as heavy a burden under the corporation income tax as do stockholders with large incomes.

Analysis

Let us examine these three bad effects of the tax on corporation profits more closely. The first effect we observed was that the corporation income tax results in either higher prices, lower wages, reduced return on investment, or all three in combination. When the corporation income tax was first imposed it may have been believed by some that an impersonal levy could be placed on the profits of a soulless corporation, a levy which would be neither a sales tax, a tax on wages, or a double tax on the stockholder. Obviously, this is impossible in any real sense. A corporation is nothing but a method of doing business which is embodied in words inscribed on a piece of paper. The tax must be paid by one or more of the people who are parties at interest in the business, either as customer, as employee, or as stockholder.

It is impossible to know exactly who pays how much of the tax on corporation profits. The stockholder pays some of it, to the extent that the return on his investment is less than it would be if there were no tax. But, it is equally certain that the stockholder does not pay all of the tax on corporate income --- indeed, he may pay very little of it. After a period of time, the corporation income tax is figured as one of the costs of production and it gets passed on in higher prices charged for the company's goods and services, and in lower wages, including conditions of work which are inferior to what they otherwise might be.

The reasons why the corporation income tax is passed on, in some measure, must be clearly understood. In the operations of a company, the management of the business, directed by the profit motive, keeps its eyes on what is left over as profit for the stockholders. Since the corporation must pay its federal income taxes before it can pay dividends, the taxes are thought of --- the same as any other uncontrollable expense --- as an outlay to be covered by higher prices or lower costs, of which the principal cost is wages. Since all competition in the same line of business is thinking the same way, prices and costs will tend to stabilize at a point which will produce a profit, after taxes, sufficient to give the industry access to new capital at a reasonable price. When this finally happens, as it must if the industry is to hold its own, the federal income tax on corporations will have been largely absorbed in higher prices and in lower wages. The effect of the corporation income tax is, therefore, to raise prices blindly and to lower wages by an undeterminable amount. Both tendencies are in the wrong direction and are harmful to the public welfare.

Where Would the Money Go?
Suppose the corporation income tax were removed, where would the money go that is now paid in taxes? That depends. If the industry is highly competitive, as is the case with retailing, a large share would go in lower prices, and a smaller share would go in higher wages and in higher yield on savings invested in the industry. If labor in the industry is strongly organized, as in the railroad, steel, and automotive industries, the share going in higher wages would tend to increase. If the industry is neither competitive nor organized nor regulated --- of which industries there are very few --- a large share would go to the stockholders. In so far as the elimination of the present corporation income tax would result in lower prices, it would raise the standard of living for everyone.

The second bad effect of the corporation income tax is that it is a distorting factor in management judgment, entering into every decision, and causing actions to be taken which would not have been taken on business grounds alone. The tax consequences of every important commitment have to be appraised. Sometimes, some action which ought to be taken cannot be taken because the tax results make the transaction valueless, or worse. Sometimes, apparently senseless actions are fully warranted because of tax benefits. The results of this tax thinking is to destroy the integrity of business judgment, and to set up a business structure and tradition which does not hang together in terms of the compulsion of inner economic or engineering efficiency.

Premium on Debt
The most conspicuous illustration of the bad effect of tax consideration on business judgment is seen in the preferred position that debt financing has over equity financing. This preferred position is due to the fact that interest and rents, paid on capital used in business, are deductible as expense; whereas dividends paid are not. The result weighs the scales always in favor of debt financing, since no income tax is paid on the deductible costs of this form of capital. This tendency goes on, although it is universally agreed that business and the country generally would be in a stronger position if a much larger proportion of all investment were in common stocks and equities, and a smaller proportion in mortgages and bonds.

It must be conceded that, in many cases, a high corporation income tax induces management to make expenditures which prudent judgment would avoid. This is particularly true if a long-term benefit may result, a benefit which cannot or need not be capitalized. The long-term expense is shared involuntarily by government with business, and, under these circumstances, a long chance is often well worth taking. Scientific research and institutional advertising are favorite vehicles for the use of these cheap dollars. Since these expenses reduce profits, they reduce taxes at the same time; and the cost to the business is only the margin of the expenditure that would have remained after the taxes had been paid --- the government pays the rest. Admitting that a certain amount of venturesome expenditure does result from this tax inducement, it is an unhealthy form of unregulated subsidy which, in the end, will soften the fibre of management and will result in excess timidity when the risk must be carried by the business alone.

The third unfortunate consequence of the corporation income tax is that the same earnings are taxed twice, once when they are earned and once when they are distributed. This double taxation causes the original profit margin to carry a tremendous burden of tax, making it difficult to justify equity investment in a new and growing business. It also works contrary to the principles of the progressive income tax, since the small stockholder, with a small income, pays the same rate of corporation tax on his share of the earnings as does the stockholder whose total income falls in the highest brackets. This defect of double taxation is serious, both as it affects equity in the total tax structure, and as a handicap to the investment of savings in business.

Shortly, an Evil
Any one of these three bad effects of the corporation income tax would be enough to put it severely on the defensive. The three effects, taken together, make an overwhelming case against this tax. The corporation income tax is an evil tax and it should be abolished.

The corporation income tax cannot be abolished until some method is found to keep the corporate form from being used as a refuge from the individual income tax and as a means of accumulating unneeded, uninvested surpluses. Some way must be devised whereby the corporation earnings, which inure to the individual stockholders, are adequately taxed as income of these individuals.

The weaknesses and dangers of the corporation income tax have been known for years, and an ill-fated attempt to abolish it was made in 1936 in a proposed undistributed profits tax. This tax, as it was imposed by Congress, had four weaknesses which soon drove it from the books. First, the income tax on corporations was not eliminated in the final legislation, but the undistributed profits tax was added on top of it. Second, it was never made absolutely clear, by regulation or by statute, just what form of distributed capitalization of withheld and reinvested earnings would be taxable to the stockholders and not to the corporation. Third, the Securities and Exchange Commission did not set forth special and simple regulations covering securities issued to capitalize withheld earnings. Fourth, the earnings of a corporation were frozen to a particular fiscal year, with none of the flexibility of the carry-forward, carry-back provisions of the present law.

Granted that the corporation income tax must go, it will not be easy to devise protective measures which will be entirely satisfactory. The difficulties are not merely difficulties of technique and of avoiding the pitfalls of a perfect solution impossible to administer, but are questions of principle that raise issues as to the proper locus of power over new capital investment.

Can the government afford to give up the corporation income tax? This really is not the question. The question is this: Is it a favorable way of assessing taxes on the people --- on the consumer, the workers and investors --- who after all are the only real taxpayers? It is clear from any point of view that the effects of the corporation income tax are bad effects. The public purposes to be served by taxation are not thereby well served. The tax is uncertain in its effect with respect to the stabilization of the dollar, and it is inequitable as part of a progressive levy on individual income. It tends to raise the prices of goods and services. It tends to keep wages lower than they otherwise might be. It reduces the yield on investment and obstructs the flow of savings into business enterprise.




 

122 posted on 07/27/2006 10:13:57 AM PDT by Bigun (IRS sucks @getridof it.com)
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To: xzins
If the churches would render unto Caesar, they wouldn't have to worry about it.

carolyn

123 posted on 07/27/2006 10:15:12 AM PDT by CDHart ("It's too late to work within the system and too early to shoot the b@#$%^&s."--Claire Wolfe)
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To: xzins

Whose images do you see on money? Jesus? Luther? A Pope? Billy Graham?
No, you see dead presidents, a SC justice and B. Franklin.
Democrats are using black churches as campaign stops. The IRS regulation simply attempts to separate church from state.
Matthew 22:21 "Render unto . . . "


124 posted on 07/27/2006 10:15:14 AM PDT by tumblindice
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To: xzins
"Therefore, any act of religion that I make is a personal act of religion, so to take even a dime of my act of religious giving, is to curtail my act of worship."

That's correct. I said the 1st applies to everyone, regardless of whether, or not, they're a church member.

125 posted on 07/27/2006 10:16:28 AM PDT by spunkets
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To: tumblindice

So, when I give money as an act of worship of God, then that money belongs to the state????

That doesn't make sense at all to me.

Seems to me that that money would be God's money.


126 posted on 07/27/2006 10:17:59 AM PDT by xzins (Retired Army Chaplain and Proud of It! Supporting the troops means praying for them to WIN!)
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To: tumblindice

PS And Hamilton. And soon, Reagan.

PPS And an Injun on the nickle.


127 posted on 07/27/2006 10:18:09 AM PDT by tumblindice
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To: xzins

It doesn't make any sense because your hypothetical doesn't make any sense.


128 posted on 07/27/2006 10:18:45 AM PDT by tumblindice
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To: tumblindice
"The IRS regulation simply attempts to separate church from state."

No. The IRS regs are simply dictates to the people on what they can and can not do. That is in direct conflict with the clear prohibitions on doing that contained in the 1st Amend of the Bill of Rights.

129 posted on 07/27/2006 10:19:09 AM PDT by spunkets
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To: spunkets

Thank you. Now that I understand, let me commend your excellent insight.

!


130 posted on 07/27/2006 10:19:30 AM PDT by xzins (Retired Army Chaplain and Proud of It! Supporting the troops means praying for them to WIN!)
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To: tumblindice

What hypothetical?


131 posted on 07/27/2006 10:20:37 AM PDT by xzins (Retired Army Chaplain and Proud of It! Supporting the troops means praying for them to WIN!)
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To: xzins
In my Church, every Sunday before the adult Sunday school class, one of the Deacons speaks about the current issues of the day as it relates to Christian Living.

I'm sure the IRS would consider this political speech and lately it involves "politicized" subjects. I believe it provides guidance to Christians on how to live in the world without being of the world. This is right and proper for any Church.

I am glad that my Church fears God more than the IRS.

132 posted on 07/27/2006 10:20:58 AM PDT by PattonFan (Not me, I don't believe in paying for the same real estate twice." George C. Scott , "Patton")
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To: spunkets

Whatever you say, keeping in mind the `no establishment' portion of the 1st.
I don't like the IRS either but I'm tired of seeing the NRA unable to do what groups like Moveon.org and churches do every day--their contributors can write off their gifts.


133 posted on 07/27/2006 10:22:56 AM PDT by tumblindice
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To: PattonFan

Speaking about the culture IS part of our religion, isn't it?


134 posted on 07/27/2006 10:23:38 AM PDT by xzins (Retired Army Chaplain and Proud of It! Supporting the troops means praying for them to WIN!)
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To: napscoordinator
"... they will have to pay taxes on donations ..."

Under the FairTax donations of this sort are not taxable - nor should they be.

135 posted on 07/27/2006 10:24:09 AM PDT by pigdog
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To: xzins

Exactly!!!


136 posted on 07/27/2006 10:24:19 AM PDT by napscoordinator
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To: xzins

"When I give money as an act of worship, then that money belongs to the state?"

You're begging the question. Your act of worship is considered a charitable contribution, right? So it does not "belong to the state."
The question is, if it's in fact a political act, should it be a charitable contribution?


137 posted on 07/27/2006 10:26:40 AM PDT by tumblindice
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To: pigdog

So the liberals who give money to these hate groups should be tax free. I would rather our churches pay taxes so the hate groups have to also. I know what you mean about the fair tax exempt status, but most of these organizations have a lot of money. Remember we could then turn around and give even more money to our charity of choice because of the tax savings from the government.


138 posted on 07/27/2006 10:27:12 AM PDT by napscoordinator
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To: xzins
Which came first, the IRS or the Constitution?

The Constitution came first.

Then it was superseded by the IRS.

139 posted on 07/27/2006 10:27:17 AM PDT by Aarchaeus
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To: gdani

Absolute, eh? Explain that to American Indians & Rastafarians who can't use drugs as part of their worship or Mormons who can't practice bigamy in the U.S.

Does it come under the exercise of freedome under the 1st amendment? If yes, Congress shall make no law.

Does it come under the enumerated powers of Congress with regard to indian treaties and regulation of indian tribes, perhaps. That however may be debated if it were of the same character as the absolute authority of Congess to wield state like authorities in a federal preserve such as Washington D.C.

The laws that may be made as regards the people of the states OTOH, are those regarding the police powers of the states to preserve the health, morals, and safety of the people of the states laying in the hands of state legislatures in accord with state Constitutions and the 10th amendment.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Congess, (i.e. the federal government) has no power in the area of speech and free exercise of religion under the 1st amendment that, in fact is clear, such powers being clearly reserved to the states or to the people of the states as an exercise of right.

140 posted on 07/27/2006 10:29:07 AM PDT by ancient_geezer (Don't reform it, Replace it.)
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