DOES THE CONSTITUTION PROHIBIT A NON-APPORTIONED DIRECT TAX ON THE PEOPLE?
YES! HERE IS WHAT THE ORIGINAL CONSTITUTION SAYS: “No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.” See Article I, Section 9, Clause 4. Q: IS THE INDIVIDUAL INCOME TAX A DIRECT TAX? A: YES, ACCORDING TO THE COURTS. The U.S. Supreme Court Has Declared the Tax to be a Direct Tax: “A proper regard for its [the 16th Amendment’s] genesis, as well as its very clear language, requires also that this amendment shall not be extended by loose construction, so as to repeal or modify, except as applied to income, those provisions of the Constitution that require an apportionment according to population for direct taxes upon property, real and personal.” See Eisner v. Macomber, (1920, 252 U.S. 189, 206, 40 S.Ct. 189. Editors note: Wages & salaries are property. See Sims v. U.S., (1959), 359 U.S. 108. Federal Appeals Courts Have Declared The Income Tax To Be A Direct Tax. • “The sixteenth amendment merely elimin
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