The Enchantment of the World is the Truth of its Existence

Friday, April 16, 2010

The Power to Tax

The following is taken from a recent essay by Mark Alexander, Editor of The Patriot Post.

"An unlimited power to tax involves, necessarily, a power to destroy; because there is a limit beyond which no institution and no property can bear taxation." --John Marshall



On December 16th, 1773, "radicals" from Boston, members of a secret organization of American Patriots called the Sons of Liberty, boarded three East India Company ships and threw into Boston Harbor 342 chests of tea.

This iconic event, in protest of oppressive British taxation and tyrannical rule, became known as the Boston Tea Party.

Resistance to the Crown had been mounting over enforcement of the 1764 Sugar Act, 1765 Stamp Act and 1767 Townshend Act, which led to the Boston Massacre and gave rise to the slogan, "No taxation without representation."

The 1773 Tea Act and resulting Tea Party protest galvanized the Colonial movement opposing British parliamentary acts, which violated the natural, charter and constitutional rights of the colonists.

In response to the rebellion, the British enacted additional punitive measures, labeled the "Intolerable Acts," in hopes of suppressing the burgeoning insurrection. Far from accomplishing their desired outcome, however, the Crown's countermeasures led colonists to convene the First Continental Congress on September 5th, 1774, in Philadelphia.

Near midnight on April 18th, 1775, Paul Revere departed Charlestown (near Boston) for Lexington and Concord in order to warn John Hancock, Samuel Adams and other Sons of Liberty that the British army was marching to arrest them and seize their weapons caches. While Revere was captured after reaching Lexington, his friend, Samuel Prescott, was able to evade the Red Coats and took word to the militiamen at Concord.

In the early dawn of that first Patriots' Day, April 19th, Captain John Parker, commander of the Lexington militia, ordered, "Don't fire unless fired upon, but if they want a war let it begin here." That it did -- American Minutemen fired the "shot heard round the world," as immortalized by poet Ralph Waldo Emerson, confronting British Regulars on Lexington Green and at Concord's Old North Bridge.

Thus, by the time the Second Continental Congress convened on May 10th, 1775, the young nation was in open war for liberty and independence, which would not be won until a full decade later.
Today, the tax burden borne by most Americans, even those who pay no direct federal taxes but at the least pay a great hidden cost in federal regulation, is far greater than that which incited our Founders to revolution.

Thus, some 221 years after the ratification of our Constitution, Americans are once again at a crossroads with oppressive centralized government -- a point at which we must choose to turn up toward liberty or down toward tyranny and anarchy.

Those at the helm of the federal government, by way of generations of overreaching executive orders, legislative malfeasance and judicial diktat, have abandoned their sacred oaths to "support and defend the Constitution of the United States against all enemies, foreign and domestic," and to "bear true faith and allegiance to the same."

Although our Constitution provides the People with an authentic means for amendment as prescribed in Article V, successive generations of leftists have, by way of legislation, regulation and activist courts, altered that august founding convention well beyond any semblance of its original intent.

Consequently, they have undermined constitutional Rule of Law, supplanting it with the rule of men.

They have done so in order to win the allegiance of special interest constituencies, which then ensure perpetual re-election of their sponsors in return for political and economic agendas structured on Marxist-Leninist-Maoist collectivism.

How have leftist politicians succeeded in this assault?

They accomplished this through direct taxation on an ever-smaller number of Americans for the benefit of an ever-larger number of Americans -- "progressive taxation" and "social justice" as the Left so self-righteously calls it.

So, shouldn't those who have more give to those who have less?

Well, yes, in my humble opinion, but individuals should rightly be left to decide how best to use their resources for the benefit of others. And in this respect, Americans are the most generous people on earth and from any time of human history.

However, Barack Hussein Obama believes that government should be the ultimate arbiter for the redistribution of wealth. Indeed, he said as much on the campaign trail in 2008.

Obama claims our economy is "out of balance," and our tax policies "badly skewed."

To resolve this, he says we need a "tax policy making sure that everybody benefits, fair distribution, a restoration of balance in our tax code, money allocated fairly..."

"Fair distribution"?

By this, of course, he means "redistribution."

It's not enough that 20 percent of Americans are already forced to fund 80 percent of the cost of bloated government largess; if Obama can saddle them with 100 percent of this cost, then he could anoint himself king.

Never mind that progressive taxation constitutes, in effect, a "Bill of Attainder" as outlawed by Article I, Section 9, of our Constitution. Who in Washington these days pays that venerable old parchment any mind?

As devoted socialist George Bernard Shaw acknowledged, "A government which robs Peter to pay Paul can always depend on the support of Paul," which is the template for a bloodless socialist revolution.

The current debacle of progressive taxation is the result of Franklin Delano Roosevelt's class-warfare decree: "Here is my principle: Taxes shall be levied according to ability to pay. That is the only American principle."

We beg to differ. Roosevelt's "principle" was no more American than Obama's. Roosevelt was merely paraphrasing Karl Marx, whose maxim declared, "From each according to his abilities, to each according to his needs."

At the time Marx was formulating his collectivist manifesto, classical liberal Claude Frederic Bastiat, a prominent 19th-century political economist, wrote, "Government is the great fiction through which everybody endeavors to live at the expense of everybody else. ... Sometimes the law defends plunder and participates in it. Thus the beneficiaries are spared the shame and danger that their acts would otherwise involve. But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them and gives it to the other persons to whom it doesn't belong. See if the law benefits one citizen at the expense of another... Then abolish that law without delay; No legal plunder; this is the principle of justice, peace, order, stability, harmony and logic."

Now, according to Heritage Foundation's , The 2009 Index of Dependence on Government | The Heritage Foundation "Despite the famed 1996 Welfare Reform Act and the more recent welfare adjustments in 2006, 60.8 million Americans remain dependent on the government for their daily housing, food, and health care. Starting in 2016, Social Security will not collect enough in taxes to pay all of the promised benefits -- which is a problem for all workers, but especially for the roughly half of the American workforce that has no other retirement program. Add in spiraling academic grants, flat-out farm socialism, and the swelling ranks of Americans who believe themselves entitled to public-sector benefits for which they pay few or no taxes -- and Americans must ask themselves whether they are near a tipping point in the nature of their government." (See Tax Day or Payday? How the Tax Code Is Expanding Government and Dependency | The Heritage Foundation)

Perversely, almost half of all American workers pay no income tax per the current tax code scheme, though under the Obama plot many now qualify for a tax refund.

Once a majority of Americans can be "protected" from a tax burden, they will ignore the constitutional, moral and civic implications of "progressive taxation."

The fact is that the only way to ensure fiscal accountability at the federal level is to directly spread the cost of government to a much broader number of taxpayers so all Americans "feel the pain." Of course, the Left understands that in order to escape any fiscal accountability, they need only ensure that the cost of government is borne by a targeted minority of income earners.

Obama is now poised to propose the implementation of a supplemental value-added tax, a national sales tax. Though this would seemingly spread the cost of government to all Americans (precisely what liberals want to avoid), Obama's VAT coupled with the myriad proposed exempt products and "rebates" to the "poor," would most assuredly be yet another avenue for the central government to use the tax code to bludgeon a minority of consumers in order to expand its authority and constituencies.

Vladimir Lenin asserted, "The way to crush the bourgeoisie is to grind them between the millstones of taxation and inflation."
And that is precisely Obama's political model.

But the problem with the socialist model is, as former British Prime Minister Margaret Thatcher aptly noted, "they always run out of other people's money."

If I could emphasize but one point, it would be this: The Left has bankrupted the nation and the bill for freeloading on others is coming due. It will most certainly be paid back in the currency of liberty.

The time is at hand when we must inquire with a unified voice: "If there is no constitutional authority for most laws and regulations enacted by Congress and enforced by the central government, then by what authority do those entities lay and collect taxes to fund such laws and regulations?" (See The Patriot Declaration - PatriotPost.US)

Further, as Alexander Hamilton made clear in Federalist No. 81, "[T]here is not a syllable in the [Constitution] which directly empowers the national courts to construe the laws according to the spirit of the Constitution...."

Much less so is there any provision for the Executive or Legislative branches to rely upon interpretation of such language as that in the "Commerce Clause" to justify all manner of government intrusion, such as the newly implemented nationalization of health care.

James Madison, author of our Constitution, wrote, "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents... If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one... The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. ... There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations."

Similarly, Thomas Jefferson wrote, "[T]he States can best govern our home concerns and the general government our foreign ones. I wish, therefore ... never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold at market. ... [W]hen all government ... shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another. ... Were we directed from Washington when to sow, and when to reap, we should soon want bread."

So, to all my fellow Americans who have been blessed with work, success and wealth ... do please remember to pay your taxes so that all those on the government dole can continue to receive free food, free housing, free utilities, free phone service, free healthcare, and anything else that falls out of Big Brother's goodie bag. And when you inevitabley run out of money take comfort in the thought that we shall all be finally equal.

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