Download or read book Direct Taxes Under the Constitution written by Charles Jesse Bullock and published by . This book was released on 1900 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Apportionment of Direct Taxes Under the Constitution written by Joseph M. Dodge and published by . This book was released on 2007 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the U.S. Constitution as amended by the Sixteenth Amendment, any federal tax that is a quot;direct taxquot; (which is not an quot;income taxquot;) must be apportioned among the states in accordance with the respective populations of the various states. The purpose of this Article to solve the riddle of what is a quot;direct taxquot; that is subject to the apportionment requirement. Since the apportionment requirement can only apply inequitably across the nation, the correct labeling of any federal tax (other than an income tax) as a quot;direct taxquot; amounts to the proverbial quot;kiss of death,quot; as no such tax will be enacted. Recent commentary has staked out positions on this issue that I consider to be incorrect. Bruce Ackerman argues that that the Thirteenth Amendment (abolishing slavery) effectively repealed the apportionment-of-direct-tax clauses. Calvin Johnson argues that quot;direct taxquot; means only a tax capable (without effort) of being lt;igt;fairlylt;/igt; apportioned among the states in accordance with population, namely, a capitation tax or a tax on the states (a requisition). At the other end of the spectrum, Erik Jensen argues that quot;direct taxquot; means any personal tax other than an income tax. I argue, on the basis of constitutional text, the formation of the constitution, post-ratification history, function, historical evolution, and judicial doctrine that quot;direct taxquot; encompasses only (1) capitation (head) taxes, (2) requisitions, and (3) taxes on real estate. The apportionment requirement made quot;politicalquot; sense in the Framing period by linking the representation of states with the taxation of states, and also appeared to serve some narrow instrumental concerns. However, the theory is skewed, mainly because states are not really taxed as states, and states (as states) are only tenuously represented in Congress. Also, although apportionment dealt with some instrumental concerns, it aggravated others. I conclude that (apart from requisitions and head taxes), apportionment makes sense only with respect to real estate taxes, which is the nearest tax to a state tax. I also conclude that a real estate tax cannot be bootstrapped into validity as an quot;income tax.quot; Nevertheless, federal taxes on personal property and imputed income from real estate are constitutional, if endowment taxes are not.
Download or read book America s Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Download or read book Memorandum on the Taxes Described as direct in the Constitution of the United States written by and published by . This book was released on 1910 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Taxing Power written by Erik M. Jensen and published by Praeger. This book was released on 2005-01-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution contains several limitations on the national taxing power. These limitations are almost always ignored due to the assumption that Congress is unconstrained in imposing taxes. The Taxing Power proves that assumption faulty by illustrating the importance of such limitations as the uniformity rule, the direct-tax apportionment rule, and the Export Clause. By looking at the historical origins of these limitations, Jensen argues that they are essential parts of the Constitution and should be taken seriously, as the founders intended. This full-scale treatment of the subject is a timely reminder that the national taxing power is not absolute. In the last decade the Supreme Court has begun to see the Export Clause as an important factor in taxation. This has opened the door for other limitations to be considered, making this work of utmost importance in the study of taxation.
Download or read book Taxation of Government Bondholders and Employees written by United States. Department of Justice and published by . This book was released on 1938 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The U S Individual Income Tax Is Incompatible with a Free Society written by Robert G. Beard, Jr. and published by Lulu.com. This book was released on 2013-08 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 16th Amendment says Congress may tax incomes without apportionment but, it does not state that the 16th Amendment is superior to any other amendments and all other provisions of the Constitution. Therefore, Congress and the IRS have no authority to require U.S. citizens and residents to waive their rights under the Constitution, e.g., the 4th and 5th Amendments. But, this is exactly what is being done with respect to the administration and collection of U.S. income taxes. This is a fraud on the public. Before this fraud becomes more readily understood by the populace at large, it would be prudent for Congress to: (1) Replace the U.S. individual income tax with a national sales or consumption tax; (2) get rid of the Gestapo Tactics of the IRS in forcing people to waive their rights; and (3) start the amendment process in Article V of the Constitution to abolish the 16th Amendment.
Download or read book Farmer s Tax Guide written by and published by . This book was released on 1998 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Taxation of Government Bondholders and Employees written by United States. Department of Justice and published by . This book was released on 1939 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Taxing Power of the Federal and State Governments written by United States. Congress. Joint Committee on Internal Revenue Taxation and published by . This book was released on 1937 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Download or read book Our Constitution written by Donald A. Ritchie and published by Oxford University Press, USA. This book was released on 2006 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?
Download or read book Our Changing Constitution written by Charles Wheeler Pierson and published by . This book was released on 1922 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Direct Taxes in the Constitution written by Hamilton P. Richardson and published by . This book was released on 1899 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commentaries on the Constitution of the United States Historical and Juridical written by Roger Foster and published by . This book was released on 1895 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Stakeholder Society written by Bruce A. Ackerman and published by Yale University Press. This book was released on 2000-01-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Must we resign ourselves to a growing chasm between rich and poor? Bruce Ackerman and Anne Alstott propose an innovative alternative in this thought-provoking book: an eighty thousand dollar grant for every qualifying young adult. The authors analyze this plan from many perspectives and argue that such a citizen's stake would open the way to a society that is more democratic, productive, and free. "A serious, smart book, which also functions as a cogent critique of the inequality of opportunity that has become a given in modern America."-New Yorker "A Big New Idea so bold in its simplicity, so pure in its claims to justice, . . . that the only shock is that it is certain to get a hearing as the fight to fix Social Security heats up this year."-Matthew Miller, New York Times Magazine "The new century needs political and social innovation even more than it needs business innovation. The authors have done well what intellectuals are supposed, but are seldom bold enough, to do-innovate ideas about important social issues."-Jack Beatty, Atlantic Monthly "A big idea like this is significant because it can reframe the public debate. It can change the prevailing assumptions. Eventually, it can change the course of the nation."-Robert Reich, Former Secretary of Labor, Washington Post
Download or read book Direct Taxes Under the Constitution written by Charles Jesse Bullock and published by . This book was released on 1900 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
