Taxation Constitutional Amendment
Taxation Constitutional Amendment
Since the only legitimate authority that the government can have is delegated to it by the individuals governed, and no one can delegate an authority he does not have; and since no individual has moral right to force his neighbor to disclose his income, property, or sales information, he cannot delegate such authority to his government. Therefore income, property, and sales taxes are expressly forbidden.
Thus, to preserve liberty and prosperity of the people, The only sources of revenue allowed to government are these: public property user fees, and voluntary contributions.
If a poor person cannot afford to pay a user fee, he should convince a jury of his peers of that, and be relieved of the fee.
The government shall not raise a user fee above the point where more than 10% of the citizens under their jurisdiction are acquitted of it by the jury of their peers.
Explanation:
Since government gets all of its legitimate authority by delegation from the governed, the government has no authority to force anyone to do anything accept what you and I have moral right to force him to do. If you as individual have no moral right to force your neighbor to disclose his income, you cannot delegate this authority to your government to force him for you. The same goes for disclosures of sales, or property inspections. If you have no moral right to force your neighbor to disclose his sales information, or force him to reveal his property, the government has no right to force him either; because the only legitimate authority the government has is what you delegated to it, and you cannot delegate an authority you do not have!
According to this fundamental principle of liberty (and I call it the Benson Principle, please See http://www.ldsfreedomforum.com/viewt...p?f=19&t=12347), income, sales, and property taxes are immoral, for they require an authority the government cannot properly have, because you do not have that authority.
So the only legitimate avenues of revenue for the government that remain are public property user fees, and voluntary contributions.
The idea here is, if you use it, you pay for it.
How do you pay for police? Police can be paid from public property user fees. Plus, if you want 911 operator respond to your calls, you better pay the fee to run it, etc. [Ok. It's probably better to finance 911 operators from road and sewer user fees, or something like that. It can be decided by popular vote as long as everyone is treated equally].
What about courts? A court is a public property. If you use it, you pay for it. And offending party should carry most of the expense.
What about defense? Well, you have your citizen militias at State and local level. Federal defense can also be paid for by the States from public property user fees and from voluntary contributions. At the border, the cost of operating customs can be born by customs user fees, etc.
Privacy = Liberty.
Government hates people's privacy because it prevents them from destroying people's liberty.
1% income tax destroys 100% of your privacy, because to calculate that 1% you have to disclose to the government the ENTIRETY of your financial life; this is a complete annihilation of privacy! A sales tax gives the government the right to monitor all transactions between people. Property tax gives the government the right to inspect your property every year. And since you as individual have no moral right to force your neighbor to disclose any such information, neither has the government, for you cannot delegate an authority you do not have!
This amendment is way better than what the Founders offered. For they allowed for import and excise taxes, which means that the government can monitor EVERYTHING you do, everything you produce, everything you sell, everything you buy, to see if a certain excise tax condition was met. Besides, if they don't like a behavior or a product or a service they can just uniformly tax it with an excise tax and thus control the people. Since no private individual under jurisdiction of this government has the moral right to do any such thing, the government has no authority to do it either, because again, no one can delegate an authority they do not have.
My amendment fixes all these problems in the original Constitution.
It also has an iron clad check on the amount of the fees: if the politicians will raise a user fee too high, everyone will escape the fee through the "jury" clause of the amendment, and the government will get nothing, because the jury of peers will acquit everyone. Thus, under this amendment for a fee to be paid, the people in general have to believe it is not excessive. That's the beauty of the jury check on the government. Besides, if jury nullification is spelled out like that in black and white in the Constitution itself (in this amendment) it will be that much harder to hide this power from the people again, (which power they already have, but don't yet know it). It's all about persuasion. The more clear, explicit and persuasive the law is the more likely it will be understood and followed by the people in general, to preserve their liberty. (The need amply demonstrated by last 100 years).
So the people are in greater control here.
Thus this amendment is a triple protection for your liberty, and is based on Fundamental principles of liberty.
This brief amendment would replace the entire federal tax code. And you will have your freedom.





















I'd prefer a sales tax
Sales tax collected by the states and they decide what they want to send to the federal government.
This would setup competition betwen the states. Your states sales tax to high?.... move to a freer state.
Privacy = Liberty
The only problem with sales tax is that the government gets to monitor EVERYTHING you buy and sell. There goes your privacy and eventually liberty.
My way of financing government will preserve your privacy, and keep the government small.
No tax on adults! I want Liberty!
A tax on adults is as despicable as the income tax, maybe more. The government doesn't own me. I owe them nothing. The federal government for sure has even less right to tax me for just being alive. The original forms of taxation for revenue to the federal government are adequate for their proper and limit powers.
Choke the monster or it will choke you!
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The original forms of
The original forms of taxation were:
a) Tariffs
b) Excise taxes (user taxes)
c) Apportioned property taxes.
Each one of these restricts people's liberties and violates there privacy because you have to report, what you do, what you sell, and what you own to the government every year. I don't like that.
My amendment, will preserve your privacy,--no reporting,--and therefore preserve your liberty. I believe it is better than what the Founders proposed at first. It was one of their biggest mistakes that empowered the monster we have today.
My amendment would solve all that.
Apportiioned property tax never in consitution
The apportioned tax was to be levied on and collected from the state governments. Not personal property.
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True.
True. Then it is very similar to the fixed amount fee I propose. Yet my amendment offers additional protections by stopping all other forms of taxation.
I think you would quickly see...
...an 85% 'flat tax'.
I may not know the truth, but I know when I'm being lied to...
I may not know the truth, but I know when I'm being lied to...
Sorry about my typo.
Fixed amount tax is not a percent of anything, there is no rate. It is simply a fixed flat fee everyone pays to pay for the police, courts and defense, and nothing else. Since there is no "rate," there is nothing to report. That keeps you free.
fee
You can call the "flat tax" a fee for the benefit of a force defending the borders, policing, and the courts. If you don't want to pay it, you and your property don't get the use or benefit of those protections.
Not possible to avoid the benefit in the case of defending the
borders.
That is why property is taxed and not people.
I agree
I agree with your thinking.
By owning property, you benefit from border patrol, defense against invasion, and also the police and courts that will protect your right to the property. If you do not own real property, you can flee an invasion and hide your personal property, so you do not need to be forced to pay for those services.
But the bad part of property tax is that you never get free. It is always hanging over your head. Suppose, alternatively, you make it optional, but if you DON'T pay, you don't get legal protection from squatters and the courts don't recognize your title.
In any event, the amount of the fee should be per acre and not by value since it is not more costly to protect a mansion than a hovel. And the amount should be set in the Constitution - one ounce silver per acre per year - or something like that. And only property owners who pay the fee get to vote on how the revenue is used.
Very interesting...
Very interesting...
If property is taxed you do not own it
If property is taxed you do not own it. You are simply allowed to use a part of it by the gracious condescension of a benevolent government. As for me, property ownership is liberty.
That's not true. Property Tax is not a "rent."
I understand how you feel. I used to think the same way. But it just isn't. Now, if you don't actually own your property in full, then that is a different story. But if you have paid for it free and clear, and you enjoy all aspects of title, not just use, then a tax on land is simply a fee charged for government, it is not "rent." In such a case, the property is not forfeit if you fail to pay the tax, though there are penalties for not doing so. A sale can be effected in some states for the amount of the tax, but that is not on the whole property, only that amount that satisfies the tax debt. Even then, you have several years to pay the debt and resume full title to that parcel of your land that was seized and sold to pay the debt on the whole.
If tax sales are occurring on an entire parcel rather than just the portion needed to pay the debt, then you can fight that in court. Most states should have that specified where the power to effect a tax sale is given to the local authorities. At least in Louisiana, you also have the option to decide which parcel is sold to satisfy the debt. You can even offer movable and personal property for that sale rather than land. (for example, you could offer your car, farm equipment, or if the debt is large enough, your house, but you retain the land)
if you can lose property,
whether land or movable, how is it not rent? ownership, in my opinion, means once i have paid in full, i do not have to pay any more, ever.
"The two weakest arguments for any issue on the House floor are moral and constitutional"
Ron Paul
Interesting.
Interesting. The only problem I have with that is that you have to declare your property; the government gets to appraise it every year, etc. There goes your privacy,-- you have to report things. I don't like that kind of power in my government. That's why I thought that a flat amount fee, that is equal for everyone, would preserve your privacy better.
Contradiction?
"income...taxes are expressly forbidden" vs. "equal flat amount tax upon all adults". How do these not counter each other? And how much would the "flat tax" be? I'm guessing you mean something like, "every year, each adult owes a fixed amount of $XX to 'the government'". Well, who decides how much XX is, and what is to stop them from increasing it to $XXX next year, and $XXXX the year after that?
No, the very concept that I owe the "governement" (or anyone) anything for simply existing is unacceptable. The income tax is a fraud - specifically, it's misapplication by government officials and agents. Watch for a book coming soon from Dave Champion. For those who aren't already familiar with the Tax Honesty Movement, it'll be a real eye-opener.
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Moobi
"In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution." -- Thomas Jefferson
You do not owe for existing,
You do not owe for existing, but who is going to pay for police, courts and defense?
As for who decides on the amount of the fee, I'd say the Congress.
As for preventing it from being too high, it is two fold protection:
First, since everyone pays exactly the same amount, a hike in the fee will hurt the poor first. You will have an uprising on your hands.
Secondly. If the politicians will raise the fee too high, everyone will escape the fee through the "jury" clause of the amendment, and the government will get nothing, because the jury of peers will acquit everyone. Thus, under this amendment for the fee to be paid, the people in general have to believe it is not excessive. That's the beauty of the jury check on the government.
The difference is privacy.
The difference between "income tax" and "flat tax" is privacy. When the tax is flat you do not have to report everything you do to the government. That keeps society free. So privacy is the key here.
Besides if everyone has to pay exactly the same amount, that prevents the government from escalating taxes, because everyone will rebel at the same time.
So it is double protection for your liberty.
you can get a "flat tax" all you want and Congress will
word it funny so the IRS will make it somehow mean "we take what we want."
Really, there is no point, make income taxes flat if you please. But they DO NOT apply to most Americans living and working in the 50 States of the Union.
Even if people kept volunteering to pay a tax they don't owe, having it all one rate will not stop Congress from raising it. Additionally, since a flat tax is inherently regressive, exemptions and deductions will still be allowed. And rather than play with the rate, they will play with those. People will not revolt.
Sorry for the typo.
"Flat tax" is not the same as "flat amount tax." Sorry about my typo.
Flat amount tax is not an income tax. It's more like a fee. It means everyone pays exactly the same $XXX dollars. It is NOT a percent of anything, there is no "rate." Hence there is nothing to report to the government, which protects your privacy. You simply pay $XXX dollars, that's it.
Yep - huge contradiction there.
Besides, income taxes don't apply to most Americans. Just stop volunteering to pay a tax that isn't likely imposed on you.
"income" taxes are NOT taxes on wages or salaries. (that is a separate tax)
Subtitle A - Income Taxes are imposed on:
Resident and non-resident aliens earning domestic source income
Foreign corporations earning domestic source income
US Citizens residing abroad earning foreign source income
With-holding agents for the above three
Subtitle C - Employment taxes are imposed on:
The Wages or Salary of any kind paid by an "employer" to an "employee" for services performed for the "employer"
"Services" are things performed for the "employer" PERSONALLY, not work done in the normal course of business for your company.
"Employer" means the United States Government
"Employee" means an "officer of a corporation" which is performing services for the United States Government.
The short end of this is:
"income" is not everything you get paid. You only pay "employment" taxes if you work for the government.
And all of that makes sense. It is a privilege to make a "profit - i.e. income" if you are one of the above three persons under Subtitle A. If you are not, then to exchange your labor for value is your RIGHT. And rights cannot be taxed.
If you work for the government, being paid from the public treasury is a privilege and that can be taxed.
For more see: http://originalintent.org/edu/
It is past time that people stop crying how unfair the government is and start educating themselves. Otherwise, you will make a bad situation worse.
*If your wages or salary has been taxed and you are not in one of the three classes listed above, it is because you have volunteered and asked that you be treated either as one of those classes of persons, or that you have claimed to be an "employee" when you otherwise aren't. You do this by filing a form W-4 "Request for Withholding."