Also some basic logic on your part would help here but think for a moment.
Why did they have to amend the constitution in order to get an income tax through?
If it were constitutional to tax income before the 16th...then why did they even bother putting the 16th amendment in?
Article I, Section 2, Clause 3:
Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers
In Pollock v. Farmers' Loan & Trust Co., the Supreme Court declared certain taxes on incomes — such as those on property under the 1894 Act — to be unconstitutionally unapportioned direct taxes. The Court reasoned that a tax on income from property should be treated as a tax on "property by reason of its ownership" and so should be required to be apportioned. The reasoning was that taxes on the rents from land, the dividends from stocks and so forth burdened the property generating the income in the same way that a tax on "property by reason of its ownership" burdened that property.
After Pollock, while income taxes on wages (as indirect taxes) were still not required to be apportioned by population, taxes on interest, dividends and rent income were required to be apportioned by population. The Pollock ruling made the source of the income (e.g., property versus labor, etc.) relevant in determining whether the tax imposed on that income was deemed to be "direct" (and thus required to be apportioned among the states according to population) or, alternatively, "indirect" (and thus required only to be imposed with geographical uniformity).
In his dissent to the Pollock decision, Justice John Marshall Harlan stated:
When, therefore, this court adjudges, as it does now adjudge, that Congress cannot impose a duty or tax upon personal property, or upon income arising either from rents of real estate or from personal property, including invested personal property, bonds, stocks, and investments of all kinds, except by apportioning the sum to be so raised among the States according to population, it practically decides that, without an amendment of the Constitution — two-thirds of both Houses of Congress and three-fourths of the States concurring — such property and incomes can never be made to contribute to the support of the national government
I know the american people are a stupid lot and I don't put much past them, but how fucking insane would they be to say hey lets pass an amendment that allows these arseholes to take our income?
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