I'm also sure that no one in the judicial system would dare stick his neck out on something as entrenched as the income tax system.
Why should they go against established law?
FindLaw: RODGERS v. U S, 185 U.S. 83 (1902)
"The primary rule of statutory construction is, of course, to give effect to the intention of the legislature."
Not Larkin Rose, Thurston Bell, or anyone else.
The authority to levy and collect indirect taxes (e.g. duties, imposts, and excises) from individual citizens from the time of ratification of the Constitution is well founded.
Even the TP'rs behind WTP in the article admit the income tax is an excise or indirect tax. So just what basis is SCOTUS or any other court supposed to find otherwise?
James Madison, Federalist #39:
- "The difference between a federal and national government, as it relates to the OPERATION OF THE GOVERNMENT, is supposed to consist in this, that in the former the powers operate on the political bodies composing the Confederacy, in their political capacities; in the latter, on the individual citizens composing the nation, in their individual capacities. On trying the Constitution by this criterion, it falls under the NATIONAL, not the FEDERAL character;"
Especially regarding taxes:
James Madison, Federalist #45:
- "The change relating to taxation may be regarded as the most important; and yet the present [Continental] Congress have as complete authority to REQUIRE of the States indefinite supplies of money for the common defense and general welfare, as the future [Constitutional] Congress will have to require them of individual citizens;
Constitution for the United States of America:
- Article VI: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
- Article I Section 8: "The Congress shall have power to lay and collect taxes, duties, imposts and excises,
to pay the debts and provide for the common defense and general welfare of the United States;
but all duties, imposts and excises shall be uniform throughout the United States; "
- Article I Section 8: "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
Or are one of those who figure that the judiciary is supposed to legislate from the bench or the meaning of the Constitution changes with time.