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Old 01-03-2004, 11:12 PM   #85
Radar
Constitutional Scholar
 
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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Did you change jobs recently?
If 6 months ago is recently.

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So, since the Constitution says Congress shall levy income tax, how do you propose following the Consititution AND getting rid of income tax?
The 16th amendment was fruadently ratified and didn't have the required number of votes to pass. But even if it did have the valid number of votes, it would still be illegal because it contradicts other parts of the Constitution and nothing may be added to the Constitution that contradicts another part as Article 6 Paragraph 2 says.

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Article VI

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.


This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.


The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
No new laws may be made (which includes Constitutional amendments because the Constitution is the highest law of the land) that contradict any part of the Constitution. You may add something to the Constitution, You may take something away from the Constitution (repeal it), but you can't have one part of the Constitution say something is legal and another part say it's illegal.

Contrary to the opinion of many idiots out there, when you add an amendment to the Constitution it doesn't "override" other parts it happens to contradict with. Let's look at the 18th and 21st amendments. The 21st didn't say "Alcohol is legal", it said it was repealing the part of the Constitution that said it was illegal in the first place. (The government has no authority to tell anyone what they may or may not consume, but that's another topic). The proper procedure was followed.

In the case of the 16th amendment, which not only didn't have the required number of votes to pass, but also contradicted Article 1 Section 9, the 4th, 5th, 6th, 8th, 9th, 10th, and 13th amendments so it is a blatant violation of the Constitution and therefore illegal.

The first Supreme Court of America decided in Marbury vs. Madison that any laws that are contrary to the Constitution are null and void and citizens are under no obligation to follow them.

It's an open and shut case.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death."
- George Carlin
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