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AMERICAN CONSERVATISM IN 2008 AND BEYOND

 
 
parados
 
  2  
Reply Mon 30 Mar, 2009 02:28 pm
@Foxfyre,
OK Fox.. Where did the founders put a limit on taxation?

Please quote them.
Foxfyre
 
  1  
Reply Mon 30 Mar, 2009 02:31 pm
@parados,
I quoted a LOT of them earlier Parados. The basics, the concepts, the principles are all there as to the expectations of limits on the government, the Constitutional prerogatives of government and what is not the prerogative of government, and those elected to implement them. Ican posted some more. Try reading them.
Foxfyre
 
  1  
Reply Mon 30 Mar, 2009 02:34 pm
Back to then candidate Obama's 'spread the wealth' or 'spread the wealth around' comment, I believe the only reason that did not sink his candidacy was due to the media quickly dealing with it and skimming over it so that it would not linger in the memory of an electorate with a sound-bite mentality and memory:

Quote:
Did Barack "Spread the Wealth" Obama Just Blow the Election?
October 16, 2008 11:37 AM ET
James Pethokoukis

No. Really. You're kidding me. Barack Obama actually told that Joe the Plumber guy that he wants to "spread the wealth around." What, did Obama just get done reading the Wikipedia entry on Huey "Share the Wealth" Long or something? Was he somehow channeling that left-wing populist from the Depression? Talk about playing into the most extreme stereotype of your party, that it is infested with socialists.

A while back I chatted with a University of Chicago professor who was a frequent lunch companion of Obama's. This professor said that Obama was as close to a full-out Marxist as anyone who has ever run for president of the United States. Now, I tend to quickly dismiss that kind of talk as way over the top. My working assumption is that Obama is firmly within the mainstream of Democratic politics. But if he is as free with that sort of redistributive philosophy in private as he was on the campaign trail this week, I have no doubt that U of C professor really does figure him as a radical. And after last night's debate, a few more Americans might think that way, too. McCain's best line: "Now, of all times in America, we need to cut people's taxes. We need to encourage business, create jobs, not spread the wealth around."
http://www.usnews.com/blogs/capital-commerce/2008/10/16/did-barack-spread-the-wealth-obama-just-blow-the-election.html
parados
 
  2  
Reply Mon 30 Mar, 2009 02:39 pm
@Foxfyre,
A limit on what the government can do is NOT a limit on taxation. It is only a limit on where taxes can be spent.

We all agree that the government does have some limits put on it by the constitution.
parados
 
  2  
Reply Mon 30 Mar, 2009 02:40 pm
@parados,
So, let me ask you again Fox.

Please quote the limit that the Founders put on taxation.
0 Replies
 
Cycloptichorn
 
  1  
Reply Mon 30 Mar, 2009 02:44 pm
@Foxfyre,
Foxfyre wrote:

Back to then candidate Obama's 'spread the wealth' or 'spread the wealth around' comment, I believe the only reason that did not sink his candidacy was due to the media quickly dealing with it and skimming over it so that it would not linger in the memory of an electorate with a sound-bite mentality and memory:

Quote:
Did Barack "Spread the Wealth" Obama Just Blow the Election?
October 16, 2008 11:37 AM ET
James Pethokoukis

No. Really. You're kidding me. Barack Obama actually told that Joe the Plumber guy that he wants to "spread the wealth around." What, did Obama just get done reading the Wikipedia entry on Huey "Share the Wealth" Long or something? Was he somehow channeling that left-wing populist from the Depression? Talk about playing into the most extreme stereotype of your party, that it is infested with socialists.

A while back I chatted with a University of Chicago professor who was a frequent lunch companion of Obama's. This professor said that Obama was as close to a full-out Marxist as anyone who has ever run for president of the United States. Now, I tend to quickly dismiss that kind of talk as way over the top. My working assumption is that Obama is firmly within the mainstream of Democratic politics. But if he is as free with that sort of redistributive philosophy in private as he was on the campaign trail this week, I have no doubt that U of C professor really does figure him as a radical. And after last night's debate, a few more Americans might think that way, too. McCain's best line: "Now, of all times in America, we need to cut people's taxes. We need to encourage business, create jobs, not spread the wealth around."
http://www.usnews.com/blogs/capital-commerce/2008/10/16/did-barack-spread-the-wealth-obama-just-blow-the-election.html



Ooh, right, right. If only that dastardly media hadn't glossed over this, why, Obama would have been sunk!

C'mon, Fox. It's clear you are a little loopy today for some reason. What's got your knickers in a twist?

Cycloptichorn
0 Replies
 
Foxfyre
 
  1  
Reply Mon 30 Mar, 2009 03:02 pm
@parados,
parados wrote:

A limit on what the government can do is NOT a limit on taxation. It is only a limit on where taxes can be spent.

We all agree that the government does have some limits put on it by the constitution.


Well that's a start. You're miles ahead of Cyclop in at least recognizing that the Constitution at least imposes some limits on what Congress can spend money on. Now, if you had just read with any comprehension what the Founders said about that, and read the pertinent clauses of the Constitution itself that Ican posted, you might have come all the way pretty close to my point of view:

Quote:
Article 1
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 Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;


Focus on that 'uniformity' clause a bit. How do you think that applies to our esteemed President's idea to impose taxes on a few financial guys who got bonuses that he and the Congress authorized but turned out to be embarrassing? Do you see that as an unauthorized, even illegal prerogative of the government to do?

Here is a pretty good condensed explanation of what the Constitution does and does not allow Congress to do re taxes according to the combined opinions of the Founders"I don’t know where I originally got this but it has been in my Constitution file for awhile:

Quote:
Constitutional Taxation and Appropriation under the General Welfare Clause

From a constitutional perspective, Congress' power under the General Welfare Clause is governed by 4 rules:


* The general welfare of the United States is simply one of the three purposes of taxation. This Clause does not grant Congress a separate legislative power.

* Congress cannot tax and spend for the general welfare generally. Its power is confined to the States in their united capacity.

* The appropriation of money from taxation must be general (apply to the whole). Congress cannot tax and spend for local or particular projects within an individual State or States.

* Congress cannot tax and spend to do things not authorized by the Constitution. Its power is limited to instances wherein the Constitution empowers Congress to act for the general welfare of the United States.

The majority of all taxation and appropriation under this Clause is unconstitutional because one or more of these rules are not followed. For example. At the present time, Congress imposes a general gasoline tax of 18.4 cents per gallon throughout the United States. When Congress writes a spending bill and a powerful member of Congress wants to buy some votes from the folks back home, he places an earmark in the legislation to have a 3 million dollar hiking trail built in his home State or congressional district. The money for the project is appropriated from the general fund where the gasoline taxes were deposited with other taxes. Thus, taxes from the general fund were used to finance a local or particular project within an individual State. This is unconstitutional. The project was not for the welfare of the States in their united capacity. This is unconstitutional. Since building hiking trails in the States is not within the structure of government established by the Constitution, the appropriation failed this constitutional test also.

In other words, Congress cannot impose a general tax throughout the United States, put the money in the general fund of the United States, appropriate money from the general fund of the United States, and then spend the money for a local or particular project within an individual State or States. This type of spending is blatantly unconstitutional because all appropriations must be general.


If the government limits its activities to those specifically authorized by the Constitution, it needs only so much money to perform those functions. Any additional would pile up in the national treasury where it would quickly become obvious to all tax payers that they were being taxed too much which in itself is a violation of the Constitution which authorizes the government to collect taxes as are necessary to perform its Consitutionally mandated functions.

Of course if we allow the government to perform whatever functions it wants to do and ignore the limitations of the Constitution, we are allowing the government the right to take every last penny and bit of property that we own should it decide to do so.
cicerone imposter
 
  1  
Reply Mon 30 Mar, 2009 03:05 pm
@Foxfyre,
Foxie wrote:
Quote:
Of course if we allow the government to perform whatever functions it wants to do and ignore the limitations of the Constitution, we are allowing the government the right to take every last penny and bit of property that we own should it decide to do so.


Another extremist view of our country.
ican711nm
 
  1  
Reply Mon 30 Mar, 2009 03:19 pm
@parados,
NO, 'a limit on what the government can spend taxes on is a limit on taxation. Also, the government is not permitted to have a system of taxes that is not "UNIFORM throughout the United States."

BUT, yes, the Constitution does not limit the amount of taxes that the government can collect. It is only a limit on where taxes can be spent, AND ON WHAT TAXES CAN BE SPENT.

So, the federal government could tax every one of our dollars of income at a tax rate of 100% without violating the Constitution as long as when doing so and spending it, the federal government does not violate the 4th, 5th, 9th, and 10th amendments:
Quote:

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
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.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
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.




0 Replies
 
Foxfyre
 
  1  
Reply Mon 30 Mar, 2009 03:27 pm
@cicerone imposter,
cicerone imposter wrote:

Foxie wrote:
Quote:
Of course if we allow the government to perform whatever functions it wants to do and ignore the limitations of the Constitution, we are allowing the government the right to take every last penny and bit of property that we own should it decide to do so.


Another extremist view of our country.


Parados is the one saying that the Constitution puts no limitation on taxation. Not me. So which of us is the more extreme? If you believe that that Government has the authority to tax however much it wants, then you have no right to ANY of your money, property, or possessions. Government can take it all.

My position is that putting a limit on what the government is Constitutionally authorized to spend money on, which the Constitution does, is in itself a limit on taxation as the government cannot constitutionally collect any more taxes than are necessary to perform those functions.

That is why it is so important to return to the MACean definition of what the General Welfare was intended in the Constitution. It is the same definition applied by the Founders.
ican711nm
 
  1  
Reply Mon 30 Mar, 2009 03:39 pm
@Foxfyre,
Foxfyre, unfortunately, that's the rub: "the government cannot constitutionally collect any more taxes than are necessary to perform those functions."

It isn't unlawful, but it is insane to spend more on constitutional functions than are necessary to perform those functions.

But one thing is damn clear, the federal government cannot lawfully transfer wealth from those that lawfully earned it to those who have not earned it.


parados
 
  3  
Reply Mon 30 Mar, 2009 03:47 pm
@Foxfyre,
Quote:
Focus on that 'uniformity' clause a bit. How do you think that applies to our esteemed President's idea to impose taxes on a few financial guys who got bonuses that he and the Congress authorized but turned out to be embarrassing? Do you see that as an unauthorized, even illegal prerogative of the government to do?

You aren't making the same ridiculous argument that ican does, are you?

Uniform throughout the US means it only has to be uniform geographically. Unless and until you can show me that AIG is taxed different from one place to another it would meet the uniform requirement.

Taxing as punishment is something else however and that may not pass constitutional muster.

The problem Fox is that we disagree on what the constitution authorizes to spend money on. The real problem with YOUR argument Fox is that the USSC has said the opposite of what you are claiming.

Simple question. Is the USSC the final word on the constitutionality of a law barring an amendment to the constitution? If YES, then your argument is moot since as you already pointed out the USSC has ruled on "general welfare." If NO then you have other problems with the constitution in that you are arguing against the validity of the courts as defined by the constitution.
0 Replies
 
cicerone imposter
 
  1  
Reply Mon 30 Mar, 2009 03:47 pm
@ican711nm,
ican, You are wrong; public school is open to all students irregardless of income level.
Foxfyre
 
  1  
Reply Mon 30 Mar, 2009 03:51 pm
@ican711nm,
I think it isn't lawful actually:
Quote:
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 Defence and general Welfare of the United States;


If we operate on the principle that there is no authorization for individual charity from the federal treasury and therefore it is unlawful to dispense it, then there is no authorization for taxing and spending more than is necessary to do mandated Constitutional functions and it is unlawful to collect more than is necessary.

The 'debts' are limited by the functions of the federal government that the Constitution authorizes.

The common defense only needs so many planes or carriers or ICBMs or border patrol or inspectors, but if we weren't spreading ourselves so thin, we would have more resources to devote to doing a much better job there.

If the General Welfare was limited to the Founders' intent, we would still have the Hubble Telescope, environmental research, research and development of energy independence etc. and other initiatives that benefit the whole, but we wouldn't have expanding entitlements piling up that threaten to swamp generations under a mountain of debt in the near future and the states would have much more of their own money at their disposal to take care of more local projects that they chose to undertake and you can bet they would do them more economically than the Federal government would.

We would need a small fraction of the bloated and expensive bureaucracy that we now have.

cicerone imposter
 
  1  
Reply Mon 30 Mar, 2009 04:09 pm
@Foxfyre,
Where were you when Bush started to fund religious organizations?
Foxfyre
 
  1  
Reply Mon 30 Mar, 2009 04:21 pm
@cicerone imposter,
I was adamently objecting to the federal government dispensing charity of any kind to anybody then just as I am now. However, IF the government was going to dispense charity of any kind, the religious organizations with infrastructure and staff already in place, who already were doing yeoman's work to alleviate suffering, plus good track records of keeping administrative costs in line were certainly a more efficient and effective means of disbursing the people's money in a way to get the most bang for the buck than if the government did it any other way.
0 Replies
 
Foxfyre
 
  1  
Reply Mon 30 Mar, 2009 04:38 pm
Some headlines from the Rasmussen Reports today:

81% Say Middle Class Tax Cuts Important for Budget Plan
59% Agree Senior Managers Should Go If Company Gets A Bailout
Investor Confidence Rises Another Two Points on Monday
58% Now Expect More Partisanship in Washington
60% View Pelosi Unfavorably
Just 11% Say Government Can Run Financial Institutions Better
One-Out-of-Seven Favor 90% Tax Rate for Millionaires
More Voters Than Ever Say Tax Cuts Help the Economy
Voters Divided As to Whether Obama Budget Will Help or Hurt Economy
61% Support Putting More U.S. Troops In Afghanistan
30% Say Government Should Limit Pay for Athletes and Movie Stars
46% Still Don’t Like Obama’s Budget
Most Americans Like A Cap On Taxes
45% Would Take Unpaid Week Off To Help Their Employers
49% See Obama Economic Plan As ‘Change’
73% Say Government Should Have Stopped AIG Bonuses
Confidence in War on Terror Drops Under 50%
Voter Confidence In Country's Course Holds Steady
Supreme Court Receives Highest Ratings in Nearly A Year
Democrats Regain Lead on Generic Congressional Ballot
54% Say Allies Should Follow America's Lead
parados
 
  2  
Reply Mon 30 Mar, 2009 05:10 pm
@Foxfyre,
Yes Fox, and?

In case you didn't know it the Fed papers said the government shouldn't react to the passions of the people.
0 Replies
 
cicerone imposter
 
  1  
Reply Mon 30 Mar, 2009 06:00 pm
@Foxfyre,
Foxie wrote:
Quote:
81% Say Middle Class Tax Cuts Important for Budget Plan


Gee, I believe Obama said 95% of workers will see a tax cut. What happened to the other 14%? LOL
0 Replies
 
cicerone imposter
 
  1  
Reply Mon 30 Mar, 2009 06:02 pm
@Foxfyre,
Foxie wrote:
Quote:
60% View Pelosi Unfavorably


Make that 61%.

Foxie wrote:
Quote:
46% Still Don’t Like Obama’s Budget


Make that 47%.
0 Replies
 
 

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