Is the graduated income tax rate unconstitutional?

Discussion in 'The Constitutional & RKBA Forum' started by CampingJosh, Nov 8, 2010.

  1. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    OK, so Congress does have the authority to collect taxes, and they have the authority to collect taxes on incomes, and they do not need to pay any attention to the number of people in any particular state nor apportion the taxes among the states. But it is still necessary that all taxes be uniform throughout the United States.

    Someone please correct me if my reading of that is faulty.

    I found this website today, and it breaks down the federal income taxes into an "effective tax rate" by state. And do you know what? The federal income tax is nothing like uniform throughout the United States. The people of some states pay as little as 11% effective tax rate, while the people of others pay 15% or even 17%.

    The Supreme Court has ruled in the past that de facto segregation counts just the same as de jure segregation.

    Since the effective federal income tax rate is so drastically different on people in different areas, does it violate the Constitution's requirement that taxes be uniform throughout the US, or is this just a happenstance with no real violation of the rights of individual people?
    Last edited: Nov 8, 2010
  2. Jeff Midguard

    Jeff Midguard New Member

    Aug 31, 2010
    Baja Arizona
    It does say "shall be uniform". So, yes, it is unconstitutional. Besides that, the grasduated tax scale is one of Karl Marx's favorite proposals.

  3. Big ugly

    Big ugly New Member

    Feb 27, 2009
    Knoxville Tennessee
    I have mentioned this to you all before and I will mention it to you again, in the constitution that says you have to pay Federal Taxes. The Tax system that we have now is based on the Federal Reserve Act, it is an act folks. There for any Federal Taxes are unconstitutional. State Taxes are not however. I am not a complete Idiot though and I know that taxes are a necessary evil but our tax system is greatly over used. We pay for lawmakers mistakes and to line their own pockets and that is the whole reason we became a nation. I dont need to preach to you fellers on here but look close at the law, Real close. Ever since that day on Jeckyll Island when the Federal Reserve act was hatched we have been played for fools.
  4. user

    user Active Member

    Oct 16, 2007
    Northern piedmont of Va. and Middle of Nowhere, We
    Of course, silly! For two reasons: first, "income" is the product of the exploitation of wealth, so wages do not constitute "income". Dividends from stocks, profits on businesses, etc., that's "income". Secondly, it violates the "equal protection" clause of the Fifth Amendment.

    But as Our Glorious Leader has said, "The Constitution is a flawed document", and is now an object of historical veneration as one of the great artifacts among the antiquities of the United States.

    Or, as someone else once told me, "The United States won the war against the states fair and square, and now owns the Constitution by right of conquest. It means whatever the United States says it means."
    Last edited: Nov 8, 2010
  5. Eddie N

    Eddie N New Member

    Apr 23, 2009
    And unfair as h---!:mad::mad::mad:
  6. Bobitis

    Bobitis Guest

    Much unlike our current potUS, I don't claim to be a 'scholor'. But I do see what's fair.

    Graduated tax? How is that fair? Flat tax? Fair in all cases. Why should my tax burden be more than anyone elses?

    The wealthy should pay more so the poor can pay less?

    Pay your taxes! EQUALLY!:mad:
  7. muddober

    muddober Active Member

    Sep 19, 2008
    Carson City Nevada
    CampingJosh: You asked and the answer is no. Only Duties, Impost and Excises have to be uniform. Taxes were not included because they were not envisioned by our founding fathers. The real answer to your question can be found in Article I, section 9: Limits on Congress: "No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken." In other words I pay a dollar and you pay a dollar. But now after the XVI amendment if you take chances and hire people and make money you get to pay more in taxes as your reward for investing and creating jobs.

    What is real interesting about the XVI amendment is that it flies in the face of the Constitution and yet it does not attempt to repeal any portion of it.

    I am have included an attachment of a rough draf of my idea on how to fix things.


    Attached Files:

    Last edited: Nov 8, 2010
Similar Threads
Forum Title Date
The Constitutional & RKBA Forum Graduated Taxation is Unconstitutional May 25, 2009