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Broadcasting the Information Revelation
While alot is being said on Capitol Hill about replacing the "income tax" with either a national sales tax or some sort of a "flat" tax, NEITHER proposal can ever be legally implemented. These "proposals" should be exposed as completely unworkable whenever and where-ever possible.
The Federal government DOES NOT POSSESS the TERRITORIAL JURISDICTION necessary to impose a "sales" tax in the 50 states of the union. The federal power to tax "sales" in a state is restricted, under the interstate commerce clause and the Constitution, to being a limited power to tax the "first sale" of goods after interstate transportation. Only the SOVEREIGN power, the State legislatures, have the power to generally tax sales in a State. The "sales tax" is NOT A LEGAL ALTERNATIVE OR OPTION because of the lack of Federal territorial jurisdiction necessary to exercise the power and authority to tax sales.
The "flat tax"is also NOT a LEGAL ALTERNATIVE OR OPTION because ANY "flat tax" imposed by Congress IS A DIRECT TAX WITHOUT APPORTIONMENT, in VIOLATION of the Constitution. Remember that the current "income tax" is ONLY constitutional because it is NOT DIRECT, but rather an INDIRECT EXCISE, as determined with finality (and refusal to address that law ever again) by the Supreme Court in 1916 in the Brushaber, Stanton and (referenced) Flint decisions. A new tax would be a new law, and would OPEN THE DOOR to a new SUPREME COURT REVIEW of the new "flat" "income tax" law. AN honest Supreme Court WOULD BE FORCED TO RULE as in the Pollock decision of 1895 - i.e., a flat tax on a Citizen's income is UNCONSTITUTIONALLY DIRECT !
Last Update: 08/1/98
Web Author: The Disciples of Truth
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