Setanta wrote:... You continunally beat a drum about transferring money, and taxing forms of income at different rates, but these issues are in law non-issues. The sixteenth amendment, ratified February 3, 1913, reads, in full: "The Congress shall have 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." It is entirely mute on the subject of sources of income, or rates of taxation, other than to list certain conditions which may not be applied to laying of said taxes. Your hammering on the subject of transferring money is your personal stalking horse in this pseudo-constitutional screed, but it has no meaning in law.
You are wrong again! Neither your attacks on the argument or your attacks on the arguer are valid. I'll confine my response to your attacks on the arguement.
You appear to be claiming that the 16th Amendment exists independently of anything else in the federal Constitution. In other words, I infer from your argument that nothing else in the federal Constitution shall influence the interpretation of the 16th Amendment.
I disagree. Where is it written in the federal Constitution that such is true for any amendmendment?
"Amendment XIII (1865)
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation."
Maybe you think someone being compelled by Congress and the President to fork over some of one's earnings to someone else is not involuntary servitude -- is not theft of one's property by the government to benefit someone else. But of course it is theft and involuntary servitude.
Main Entry: ser·vi·tude
Pronunciation: 's&r-v&-"tüd, -"tyüd
Function: noun
Etymology: Middle English, from Middle French, from Latin servitudo slavery, from servus slave
Date: 15th century
1 : a condition in which one lacks liberty especially to determine one's course of action or way of life
2 : a right by which something (as a piece of land) owned by one person is subject to a specified use or enjoyment by another.
Main Entry: in·vol·un·tary
Pronunciation: (")in-'vä-l&n-"ter-E
Function: adjective
Etymology: Middle English involuntari, from Late Latin involuntarius, from Latin in- + voluntarius voluntary
Date: 15th century
1 : done contrary to or without choice
2 : COMPULSORY
3 : not subject to control of the will : REFLEX
- in·vol·un·tari·ly /-"vä-l&n-'ter-&-lE/ adverb
- in·vol·un·tari·ness /-'vä-l&n-"ter-E-n&s/ noun
Main Entry: theft
Pronunciation: 'theft
Function: noun
Etymology: Middle English thiefthe, from Old English thIefth; akin to Old English thEof thief
Date: before 12th century
1 a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it b : an unlawful taking (as by embezzlement or burglary) of property
2 obsolete : something stolen
3 : a stolen base in baseball.
"Amendment XIV (1868)
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ..."
I suspect you think this only applies to state governments. But what about:
"Amendment V (1791)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation[b/]."
Main Entry: due process
Function: noun
Date: 1791
1 : a course of formal proceedings (as legal proceedings) carried out regularly and in accordance with established rules and principles -- called also procedural due process
2 : a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual -- called also substantive due process.
Main Entry: 2just
Pronunciation: 'j&st
Function: adjective
Etymology: Middle English, from Middle French & Latin; Middle French juste, from Latin justus, from jus right, law; akin to Sanskrit yos welfare
Date: 14th century
1 a : having a basis in or conforming to fact or reason : REASONABLE <a just but not a generous decision> b archaic : faithful to an original c : conforming to a standard of correctness : PROPER <just proportions>
2 a (1) : acting or being in conformity with what is morally upright or good : RIGHTEOUS <a just war> (2) : being what is merited : DESERVED <a just punishment> b : legally correct : LAWFUL <just title to an estate>
synonym see FAIR, UPRIGHT
- just·ly adverb
- just·ness /'j&s(t)-n&s/ noun.
Main Entry: com·pen·sa·tion
Pronunciation: "käm-p&n-'sA-sh&n, -"pen-
Function: noun
Date: 14th century
1 a : the act of compensating : the state of being compensated b : correction of an organic defect or loss by hypertrophy or by increased functioning of another organ or unimpaired parts of the same organ c : a psychological mechanism by which feelings of inferiority, frustration, or failure in one field are counterbalanced by achievement in another
2 a (1) : something that constitutes an equivalent or recompense <age has its compensations> (2) : payment to unemployed or injured workers or their dependents b : PAYMENT, REMUNERATION
- com·pen·sa·tion·al /-shn&l, -sh&-n&l/ adjective