reply to post by azblack
" . . states ratified the 16th amendment meeting the 3/4 requirement to be enacted! But it did violate the constitution.
Au contraire. Any part of the US Con that was not consistent with the 16th amendment was altered, modified or deleted, to make it conform to the 16th
amendment. That is why the phrase “
. . without apportionment among the several states, and without regard to any census or enumeration . .
“ is included in the amendment.
Amendment XVI.
“The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the
several states, and without regard to any census or enumeration.” Effective February 25, 1913. New Mexico became the 36th state to ratify on
February 3, 1913. That put it “over the top” and into the US Con.
Some people have asserted the 16th amendment was not constitutionally adopted. They rely on
1) Ohio approved the amendment on January 11, 1911.
2) West Virginia was the 35th state to approve it on January 13, 1913.
1) In the 1970s, someone found that the documents admitting Ohio into the Union in 1803 had never been signed. Anti-16th amendment advocates
assert that therefore, Ohio’s ratification was invalid. This claim has been rejected outright - without argument, court’s won’t let it stand as
a defense - and the documents have now been signed.
2) On June 20, 1863, the breakaway 27 western counties of Virginia were admitted into the Union as West Virginia. Anti-tax advocates rely on the
US Con, Article 4, Section 3. “New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the
jurisdiction of any other state; without the consent of the legislatures of the states concerned as well as of the Congress.”
Virginia’s legislature had seceded from the Union in 1861. The Supreme Court held that it [Virginia] had no standing or rights to make a claim
under the Constitution for actions taken in 1863, and that defense has likewise been summarily rejected.
I assure you, if the IRS correctly determines you owe the US Government, you will pay. As for the claim of Emergency Powers in 1933 still being in
effect, that power was used to close the nation's banks. Within a week the bamks began to reopen. As you can see around you, the banks are still
open. The US Con is NOT in suspension. Trust me. It is being seriously abused by Bush43, but I hope we can fix that starting in 2009.
[edit on 2/22/2008 by donwhite]