Your claim that these men were part of some great conspiracy to create an income tax flies in the face of reality Bill. It makes no sense. That would make Hamilton and Madison also part of this conspiracy.
You seem to think that the constitution is written with crystalline clarity, such that there is simply no room for doubt, let alone interpretation. I don't know how you got that idea, but it's pretty remote from the truth. The "direct tax" clause is just one of the more obscure parts of the constitution, but it is not the only one.
It ceases to be obscure, once you read the "Wealth of Nations". I see nobody wants to refute that historical gem.
Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers
Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises,
No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
"I fear we differ in opinion on the subject of taxation. Disliking heavy duties, I would raise revenue principally by internal but not by direct taxes, which are ungracious and tormenting, and when pushed are no longer taxation but confiscation. A land-tax is just nowhere, and sovereignly unjust here.
"I am sorry to see, by a late newspaper," Morris wrote to Mr. Moss Kent, on March 3d, "that our friend King has eloquently supported a perpetual land-tax....Now, to cure the wounds wantonly made on your farmers and finances, you try to squeeze out the last drop from their penury by the pressure of direct taxation. Why, in the name of heaven, why uphold a system radically wrong?"
Those of the direct kind, which principally relate to land and buildings, may admit of a rule of apportionment. Either the value of land, or the number of the people, may serve as a standard.
'What is the distinction between direct and indirect taxes? It is a matter of regret that terms so uncertain and vague in so important a point are to be found in the Constitution. We shall seek in vain for any antecedent settled legal meaning to the respective terms. There is none. We shall be as much at a loss to find any disposition of either which can satisfactorily determine the point.'
This is what Gouverner Morris said at one point in his diaries.
Quote:"I fear we differ in opinion on the subject of taxation. Disliking heavy duties, I would raise revenue principally by internal but not by direct taxes, which are ungracious and tormenting, and when pushed are no longer taxation but confiscation. A land-tax is just nowhere, and sovereignly unjust here.
and this
Quote:"I am sorry to see, by a late newspaper," Morris wrote to Mr. Moss Kent, on March 3d, "that our friend King has eloquently supported a perpetual land-tax....Now, to cure the wounds wantonly made on your farmers and finances, you try to squeeze out the last drop from their penury by the pressure of direct taxation. Why, in the name of heaven, why uphold a system radically wrong?"
OCCOM BILL wrote:It ceases to be obscure, once you read the "Wealth of Nations". I see nobody wants to refute that historical gem.
Maybe because it isn't worth the effort. The Wealth of Nations has no precedential value. If the drafters of the constitution understood "direct" to mean the same thing that Adam Smith did, then the best evidence for that fact isn't Smith's writings, it is the drafters' writings. And if the drafters and Smith disagreed, then it's not Smith's interpretation that prevails. In any event, it seems quite clear, from The Federalist Papers, congressional actions, and court opinions, that the framers of the constitution understood "direct" to encompass two things: land taxes and capitation taxes.
No one is disputing that "Direct" encompasses those. How very unscholarly of you to not seek a better understanding of the word... if one might be available. Blatantly ignoring the best book of it's kind according to Thomas Jefferson, as a possible reference point strikes me as intentional avoidance.
The Wealth of Nations need not have precedential value, to help us better understand the admittedly obscure definition of words used two centuries ago.
How can you not question a word taking on a brand new definition being included in our constitution? Can you cite another such instance?
OCCOM BILL wrote:No one is disputing that "Direct" encompasses those. How very unscholarly of you to not seek a better understanding of the word... if one might be available. Blatantly ignoring the best book of it's kind according to Thomas Jefferson, as a possible reference point strikes me as intentional avoidance.
I don't need to seek a better definition. The definition that the framers of the constitution gave is amply documented and is consistent with their purpose.
OCCOM BILL wrote:The Wealth of Nations need not have precedential value, to help us better understand the admittedly obscure definition of words used two centuries ago.
Obscure? Well, you've certainly come a long way from saying that the definition of "direct" was obvious.
OCCOM BILL wrote:How can you not question a word taking on a brand new definition being included in our constitution? Can you cite another such instance?
You are now officially grasping at straws.
'What is the distinction between direct and indirect taxes? It is a matter of regret that terms so uncertain and vague in so important a point are to be found in the Constitution. We shall seek in vain for any antecedent settled legal meaning to the respective terms. There is none. We shall be as much at a loss to find any disposition of either which can satisfactorily determine the point.'
Hamilton's next milestone report was his Report on Manufactures. Congress shelved the report without much debate, except for Madison's objection to Hamilton's formulation of the General Welfare clause, which Hamilton construed liberally. Nevertheless, The Report on Manufactures is a classic document heralding the industrial future America would soon inhabit. In it Hamilton counters Jefferson's vision of an Agrarian American nation of farmers and gives a clear vision for a dynamic industrial economy, subservient to manufacturing interests. Hamilton discusses some problems relating to Adam Smith's Wealth of Nations,[citation needed] while borrowing from Smith's theory at the same time. As a state paper, the report on manufactures failed to bring about any policy recommendations but was much read[citation needed] during the nineteenth century.
The state, not knowing how to tax, directly and proportionably, the revenue of its subjects, endeavours to tax it indirectly by taxing their expense, which, it is supposed, will in most cases be nearly in proportion to their revenue.
It is thus that a tax upon the necessaries of life operates exactly in the same manner as a direct tax upon the wages of labour.
Thomas Jefferson, who described "The Wealth of Nations" as "the best book extant" on political economy
The transference of all sorts of property from the dead to the living, and that of immovable property, of lands and houses, from the living to the living, are transactions which are in their nature either public and notorious, or such as cannot be long concealed. Such transactions, therefore, may be taxed directly. The transference of stock, or movable property, from the living to the living, by the lending of money, is frequently a secret transaction, and may always be made so. It cannot easily, therefore, be taxed directly. It has been taxed indirectly in two different ways; first, by requiring that the deed containing the obligation to repay should be written upon paper or parchment which had paid a certain stamp-duty, otherwise not to be valid; secondly, by requiring, under the like penalty of invalidity, that it should be recorded either in a public or secret register, and by imposing certain duties upon such registration. Stamp-duties and duties of registration have frequently been imposed likewise upon the deeds transferring property of all kinds from the dead to the living, and upon those transferring immovable property from the living to the living, transactions which might easily have been taxed directly.
While the demand for labour and the price of provisions, therefore, remain the same, a direct tax upon the wages of labour can have no other effect than to raise them somewhat higher than the tax.
I've established a concrete defintion for Direct and Indirect, written prior to the Constitution. Can you dispute that? Can you show me any opposing definition from the period? Do you assume none of our other founders read the book.
I find it hard to believe you don't find it even curious that a brand new definition for "direct" mysteriously appeared in our constitution. Adam Smith's use of the word makes perfect sense today, just as it did two centuries ago. The Supreme Court's use of the word, has no natural definition, before or after, it's supposed use in the constitution. How can that seem so crystal clear to you? It doesn't make sense.
There is always a problem with pulling something out of context. This is one of the first references that Smith makes to taxes and how they are direct or indirect.
Quote:The transference of all sorts of property from the dead to the living, and that of immovable property, of lands and houses, from the living to the living, are transactions which are in their nature either public and notorious, or such as cannot be long concealed. Such transactions, therefore, may be taxed directly. The transference of stock, or movable property, from the living to the living, by the lending of money, is frequently a secret transaction, and may always be made so. It cannot easily, therefore, be taxed directly. It has been taxed indirectly in two different ways; first, by requiring that the deed containing the obligation to repay should be written upon paper or parchment which had paid a certain stamp-duty, otherwise not to be valid; secondly, by requiring, under the like penalty of invalidity, that it should be recorded either in a public or secret register, and by imposing certain duties upon such registration. Stamp-duties and duties of registration have frequently been imposed likewise upon the deeds transferring property of all kinds from the dead to the living, and upon those transferring immovable property from the living to the living, transactions which might easily have been taxed directly.
It makes his meaning quite different than the one pulled out of context in the wages section that follows this one.
An direct tax is one on the specific item. An indirect tax is one that taxes an item by taxing something related to it.
Now lets look at the first time "direct tax" is used in the wages section of taxation, chapter 5 art 3.
Quote:Smith is referring to a tax directly on the wage as opposed to later when he talks about the indirect nature of taxing consumption. Both tax the wages. One directly and the other indirectly.While the demand for labour and the price of provisions, therefore, remain the same, a direct tax upon the wages of labour can have no other effect than to raise them somewhat higher than the tax.
The reality Bill is that when you take the totality of Smith's writing he explains that all items can be taxed directly or indirectly. In some cases it isn't possible to tax directly so indirect measures are used. Direct and indirect are nothing more than adjectives stating how the specific object is taxed. It is not some great revelation that the founders could not have missed. The founders would have read all of Smith. They would have been aware of how the words were used. This reading of "direct" and "indirect" leads us back to capitation and property as used in the Constitution since those are the items being talked about when it is used.
But lets for a moment assume that only a tax on consumption is an indirect tax. How does that allow for the ruling in the Hylton case on a carriage tax? Certainly the tax is directly on the carriage and it isn't an income tax.
Bill,
You have fallen into recycling the arguments of the tax protestors. You are pulling the use of the word by Smith and claiming it means more than it does. All taxes are direct taxes on the object taxed. It is only a question of whether it is an attempt to indirectly tax something else.
Consumption taxes indirectly tax wages
Income taxes indirectly tax labor performed.
A labor tax indirectly taxes the manufacturer.
A manufacturer tax indirectly taxes the consumer.
It is a cycle that will always have circles to follow.
Joe, at the time the constitution was written; many people believed that all wealth came from the land. That's what the Wealth of Nations disputed in theory and what the United States proved in practice. In this sense, income and land are very much members of the same class.
Now, all that being said when the framers chose to create two great forms of taxes; direct and indirect; the most logical distinction would be how they tax individuals; directly or indirectly. Clearly, Smith writes that taxing consumption is a way to get a man's money indirectly and taxing his wages or land taxes him directly. This is the most logical definition.
OCCOM BILL wrote:Joe, at the time the constitution was written; many people believed that all wealth came from the land. That's what the Wealth of Nations disputed in theory and what the United States proved in practice. In this sense, income and land are very much members of the same class.
Then you're contradicting yourself. Either everyone at the constitutional convention believed that all wealth came from the land, in which case they believed that all taxes on income were direct taxes and they disagreed with Smith, or else they agreed with Smith, in which case they didn't think that taxes on income were direct taxes. Which is it?
OCCOM BILL wrote:Now, all that being said when the framers chose to create two great forms of taxes; direct and indirect; the most logical distinction would be how they tax individuals; directly or indirectly. Clearly, Smith writes that taxing consumption is a way to get a man's money indirectly and taxing his wages or land taxes him directly. This is the most logical definition.
Or, in other words, you prefer your definition of "direct tax" to the definition given in the constitution, by the framers themselves, and by contemporaneous writers and jurists. That's not grasping at straws, that's grasping at nothing.
Nonsense. Read it again, and again if necessary until you understand what you just quoted. A direct tax on wages is just that. A tax on consumption is NOT tied to wages, but he articulates very clearly that it accomplishes the same thing (collecting tax) with some degree of accuracy if you tax things that everyone needs. The tiny excerpt you quoted is actually part of an explanation that they method sucks because when you tax a wage, a wage has to be increased not just by the amount of the tax; but also enough to tax the increase in wage the tax requires. He was very clear; you must be skimming.
The impossibility of taxing the people, in proportion to their revenue, by any capitation, seems to have given occasion to the invention of taxes upon consumable commodities. The state, not knowing how to tax, directly and proportionably, the revenue of its subjects, endeavours to tax it indirectly by taxing their expense, which, it is supposed, will in most cases be nearly in proportion to their revenue. Their expense is taxed by taxing the consumable commodities upon which it is laid out.
parados wrote:You are so off base you will be embarrassed when you realize it. Direct and Indirect ARE nothing more than adjectives in Smith's writing, taking on their natural meaning. Not until you actually write a law prescribing how to collect taxes do they become intrinsic in something bigger. Our founders did that... and we are now debating whether or not they understood the natural meaning of the words they chose to use. I'm guessing they did. You are adamantly insisting they did not.The reality Bill is that when you take the totality of Smith's writing he explains that all items can be taxed directly or indirectly. In some cases it isn't possible to tax directly so indirect measures are used. Direct and indirect are nothing more than adjectives stating how the specific object is taxed. It is not some great revelation that the founders could not have missed. The founders would have read all of Smith. They would have been aware of how the words were used. This reading of "direct" and "indirect" leads us back to capitation and property as used in the Constitution since those are the items being talked about when it is used.
parados wrote:Bingo! It doesn't. And that's where two centuries of redefining the word "Direct" began. It was right then and there that a constitutional amendment was required. As written, Hylton was right. The appropriate remedy would have been to rule in favor of Hylton and ask legislation to get busy creating an amendment to allow for such a tax, or leave it repealed and therefore unconstitutional. Instead, they chose to legislate from the bench and perverted the word "Direct".But lets for a moment assume that only a tax on consumption is an indirect tax. How does that allow for the ruling in the Hylton case on a carriage tax? Certainly the tax is directly on the carriage and it isn't an income tax.
I pulled nothing out of context and that assessment is ridiculous. Read those sections again. Dude doesn't skimp on the details. Read your quotes, and the rest of Smith's writing on that page more closely and you'll see that he explains in great detail what he means by Direct Tax on wages. Pity our framers didn't do our constitution such justice. Nobody's perfect.
Many of those taxes, it will appear from the following review, are not finally paid from the fund, or source of revenue, upon which it was intended they should fall.
parados wrote:That is patently false. I have avoided all tax protestor sites like the plague since writing that list of 13 conclusions. Every source I've quoted from is as sterile as could be hoped for. I did this because I wanted to go in fresh. Your conclusions are in error.Bill,
You have fallen into recycling the arguments of the tax protestors. You are pulling the use of the word by Smith and claiming it means more than it does. All taxes are direct taxes on the object taxed. It is only a question of whether it is an attempt to indirectly tax something else.
parados wrote:No, they indirectly Tax people if and when they choose to consume.Consumption taxes indirectly tax wages
parados wrote:No, Income taxes directly tax labor performed.Income taxes indirectly tax labor performed.
parados wrote:What pray tell is a labor tax? If you mean Income tax, you are wrong. A manufacturer doesn't necessarily raise wages when wage earner's taxes are raised. These days our feudal lords pay us peasants more than the needs of basic sustenance.A labor tax indirectly taxes the manufacturer.
parados wrote:What pray tell is a manufacturer tax? If you mean sales tax, then yes, that indirectly taxes consumers if and when they choose to consume.A manufacturer tax indirectly taxes the consumer.
parados wrote:No, this is silly word play that even fails in that endeavor.It is a cycle that will always have circles to follow.
That is a false dilemma. How about they knew land was a tremendous source of wealth and believed other income would be as well and they didn't account for an income tax because they assumed people taxes would be collected indirectly, as per the strategy to date. An income tax is in no way, shape, or form indirect. This is likely either a shortcoming of the constitution... or it was never intended that income taxes be collected. Smith pointed out that income taxes would be extremely difficult to collect and advised indirect taxes were a better strategy anyway. I concur.
Did you see my sales tax thread?