Why does the right want to destroy this country?

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Dr. Zaus

Lifer
Oct 16, 2008
11,770
347
126
Doesn't matter. It was ratified legally.
I never said it wasn't. I just said that it is unconstitutional in that it violates the very premise of our democratic system of representation. The concept of population based proportional representation from the many states is directly linked to population based proportional taxation from the many states as a matter of basic, fundamental, philosophy underpinning the constitution.

No amount of arguing against things I never said or ignoring that you tried to pass off an out of context half-quote as support for the other side is going to change that you've failed to find a substantive argument against my point.


But at least you tried, so +1 internet.
 

guyver01

Lifer
Sep 25, 2000
22,151
5
61
I just said that it is unconstitutional

And no amount of arguing incorrect beliefs will make THIS a truth.

The 16th amendment was ratified via the RULES set forth within the constitution ITSELF thus making it a part of the constitution. By definition it is NOT unconstitutional.


The framers excluded only three subjects from amendment (the importation of slaves and apportionment of direct taxes, which expired in 1808, and equal state representation in the Senate).

An amendment to the Constitution therefore cannot logically be unconstitutional.

The Sixteenth Amendment had one purpose: to eliminate the apportionment rule when the source of the income being taxed turns what looks like an indirect tax into a direct tax. That’s why the Amendment says: “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.”

Ever since, the courts have emphasized that the Amendment gave the federal government no new power to tax. All it did was remove from consideration the source of income being taxed and thereby eliminate a restriction on Congress’s taxing power.

The income-tax law passed in 1913 under the newly ratified Amendment was upheld by the Supreme Court in 1916 in the Brushaber v. Union Pacific Railroad, 240 U.S. 1 (1916) case. Here the Court embraced the broadest possible interpretation of the federal taxing power—a power that, the Court said, predates the Sixteenth Amendment. The Court said: “That the authority conferred upon Congress by 8 of article 1 ‘to lay and collect taxes, duties, imposts and excises’ is exhaustive and embraces every conceivable power of taxation has never been questioned. . . . And it has also never been questioned from the foundation . . . that there was authority given, as the part was included in the whole, to lay and collect income taxes. . . .” The Court went on to acknowledge: “the conceded complete and all-embracing taxing power”; “the complete and perfect delegation of the power to tax”; “the complete and all-embracing authority to tax”; and “the plenary power [to tax].” That was just in one paragraph. Later in the opinion we find this: “[T]he all-embracing taxing authority possessed by Congress, including necessarily therein the power to impose income taxes. . . .”

In the succeeding years, no Supreme Court has contradicted the holding in Brushaber.
 
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Dr. Zaus

Lifer
Oct 16, 2008
11,770
347
126
And no amount of arguing incorrect beliefs will make THIS a truth.

The 16th amendment was ratified via the RULES set forth within the constitution ITSELF thus making it a part of the constitution. By definition it is NOT unconstitutional.


The framers excluded only three subjects from amendment (the importation of slaves and apportionment of direct taxes, which expired in 1808, and equal state representation in the Senate).

An amendment to the Constitution therefore cannot logically be unconstitutional.

The Sixteenth Amendment had one purpose: to eliminate the apportionment rule when the source of the income being taxed turns what looks like an indirect tax into a direct tax. That’s why the Amendment says: “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.”

Ever since, the courts have emphasized that the Amendment gave the federal government no new power to tax. All it did was remove from consideration the source of income being taxed and thereby eliminate a restriction on Congress’s taxing power.

The income-tax law passed in 1913 under the newly ratified Amendment was upheld by the Supreme Court in 1916 in the Brushaber case. Here the Court embraced the broadest possible interpretation of the federal taxing power—a power that, the Court said, predates the Sixteenth Amendment. The Court said: “That the authority conferred upon Congress by 8 of article 1 ‘to lay and collect taxes, duties, imposts and excises’ is exhaustive and embraces every conceivable power of taxation has never been questioned. . . . And it has also never been questioned from the foundation . . . that there was authority given, as the part was included in the whole, to lay and collect income taxes. . . .” The Court went on to acknowledge: “the conceded complete and all-embracing taxing power”; “the complete and perfect delegation of the power to tax”; “the complete and all-embracing authority to tax”; and “the plenary power [to tax].” That was just in one paragraph. Later in the opinion we find this: “[T]he all-embracing taxing authority possessed by Congress, including necessarily therein the power to impose income taxes. . . .”

In the succeeding years, no Supreme Court has contradicted the holding in Brushaber.

http://www.merriam-webster.com/dictionary/unconstitutional

: not according or consistent with the constitution of a body politic (as a nation)

Please not that it is according with, not according to. as in accord with or in discord with; not as in according to or in violation of. The body politic is a greater animal than simply the document called the US constitution.

I argue the amendment is in discord with the philosophical underpinnings of our representational democracy (which, according to english common law and the USSC constitutes an important part of the constitution of our body politic). By not also severing the population based representation among the many states the amendment introduces a philosophical contradiction to the premise on which our country was founded; can anything go MORE against the constitution of the body politic than a violation of it's fundamental founding principles?

Rule of law is determined all the time based on the philosophical underpinnings of our body politic (see separation of church and state and the right to privacy); These laws are not unconstitutional simply because they aren't written but are read into the constitution as they are consistent with the philosophical basis of our country's founding. By the same reasoning the legal presence of the 16th amendment does not mean it fails to create a of the exact same set philosophical underpinnings.
 
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guyver01

Lifer
Sep 25, 2000
22,151
5
61
Please not that it is according with, not according to. as in accord with or in discord with; not as in according to or in violation of. The body politic is a greater animal than simply the document called the US constitution.

Except you cannot declare something unconstitutional based on a "feeling"
 

Dr. Zaus

Lifer
Oct 16, 2008
11,770
347
126
Except you cannot declare something unconstitutional based on a "feeling"
No, but I can and am using the same basis of argumentation that found a lack of right to privacy, lack of Miranda rights and a lack of wall of separation between church and state unconstitutional. There is precedent for my method of argumentation (an appeal to the philosophical underpinnings of the body politic).

Again: The philosophical link between population based proportional representation and population based proportional taxation is very clear in article 1 section 2. That Brushaber is a load of rambling nonsense has little to do with this clear fact.

Come now, income tax was OK before the 16th amendment? The Brushaber ruling is a historical fabrication created by self appointed philosopher kings who's scholarship is out done today by a search of Wikipedia and the dictionary.

The only reason that prattle has been left standing is that the existence of the 16th amendment makes the historical and philosophical inaccuracy of nonsensical ramblings moot.

And it certainly doesn't do anything to answer my point, except give me a 100 year old quote from a poorly informed (or worse) old white guy that had political connections. Clearly, Guyver, you are capable of making a cogent point on your own. Drop the appeal to the rambling prattle and simply address the philosophy that underpinned the linking of population based proportional taxation and representation.

You're a thoughtful fellow, I bet you can make a right-fine argument! (play USSC justice for a moment and consider the intent behind article 1 section 2 linking representation and taxation)
 

Carmen813

Diamond Member
May 18, 2007
3,189
0
76
What is the country anyway?

Seriously? Isn't it just whatever we vote it to be; with a large enough majority we can change systemic premisses found in the constitution: See income tax.

The country was, at is very founding, in it's very creation, set against income taxes. Then we have the first and only un-constitutional amendment: income tax. I don't say it's unconstitutional because it was illegal, but because it is the only amendment that directly turned something that was originally part of the constitution around 180 degrees.

But that's the great thing about the US; a socialist revolt like that can take place in the face of robber barons and the rule of law and the functioning of government keep going.


So, I disagree with your premise; neither communists working inside the system nor anarchists working within the system are, in fact, trying to destroy the US because as long as they continue to work within the system granted then they are, actually, participating in the country: not destroying it.

I think you are forgetting quite a few amendments that did 180s from the original writing of the Constitution.
 

rudder

Lifer
Nov 9, 2000
19,441
86
91
Um.
Last time I checked, those of the right are the producers and those on the left want to take from those on the right and redistribute it.

The liberal elite minds come up with the wealth distribution plan to ensure they stay in power. They make excellent money while doing it. They never distribute their own wealth. Meanwhile the idiots enjoying handouts and entitlements vote them into office. The majority of the top 50 richest congressmen are democrats. George Soros made almost $3 billion betting against the sub prime mortgage. But hey the leaders on the left really give a fuck about the people.... sure.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
The liberal elite minds come up with the wealth distribution plan to ensure they stay in power. They make excellent money while doing it. They never distribute their own wealth. Meanwhile the idiots enjoying handouts and entitlements vote them into office. The majority of the top 50 richest congressmen are democrats. George Soros made almost $3 billion betting against the sub prime mortgage. But hey the leaders on the left really give a fuck about the people.... sure.

Without an underclass or government handouts democrats would cease to exist. That's why we MUST stay vigilant against them. May the great fuck be upon Obama and all democrats. FBHO.
 

jonks

Lifer
Feb 7, 2005
13,918
20
81
No, but I can and am using the same basis of argumentation that found a lack of right to privacy, lack of Miranda rights and a lack of wall of separation between church and state unconstitutional. There is precedent for my method of argumentation (an appeal to the philosophical underpinnings of the body politic).

You two should just agree you are using different definitions of the word un/constitutional.
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
126
It's pretty sad that all it takes for the resident partisan hacks to come out is a one line troll thread that basically amounts to "I don't like the other party." Who needs news when they can riff of nothing?
This, in spades. Until you can accept that both parties want the best for the country and its people - but are almost 180 degrees off in their perception of what is best - you'll remain nothing more than a one-dimensional cartoon character. Once you can accept that, then and only then can you argue with any credibility on which path is best. (And hopefully slam both parties when they place themselves and their interests ahead of the country even by their own lights.)

It's even more stupid to accuse the right of wanting to destroy the country than to so accuse the left since the right basically wants the country to stay as it is, whereas the left wants to transform the country into something barely recognizable. But both sides want what they think is best for the country.
 

irishScott

Lifer
Oct 10, 2006
21,568
3
0
They don't. Partisan idiots like you on both sides are doing it for them.

Eventually the current 2 parties will either massively reform or collapse, and the current partisans will be left looking like idiots to everyone except themselves.

Edit: Actually, come to think of it, partisans already look like idiots to anyone with half a brain. Too bad we don't have political literacy tests for voting.
 
Oct 16, 1999
10,490
4
0
Labeling them as wanting to destroy the country might be a little harsh, but it's not unfair to single out the right for the direction the country is headed. The right remains stubborn on their ideology, the left compromises theirs and caves, and right down the hole we all go. Weeee! We've seen this play out over and over and over again for the past 30 years just like we are seeing it play out again this very day.
 

woolfe9999

Diamond Member
Mar 28, 2005
7,164
0
0
This, in spades. Until you can accept that both parties want the best for the country and its people - but are almost 180 degrees off in their perception of what is best - you'll remain nothing more than a one-dimensional cartoon character. Once you can accept that, then and only then can you argue with any credibility on which path is best. (And hopefully slam both parties when they place themselves and their interests ahead of the country even by their own lights.)

It's even more stupid to accuse the right of wanting to destroy the country than to so accuse the left since the right basically wants the country to stay as it is, whereas the left wants to transform the country into something barely recognizable. But both sides want what they think is best for the country.

Are you sure the right wants to keep the country as it is? Seems to me they want to turn back the clock, actually, e.g. disbanding or radically altering entitlements which have been in place for 50-80 years. Or dump the progressive income tax (90 years+) for a flat tax.

Otherwise, I agree with you. True ideologues of both persuasions want what they think is best for the country. Then there are those who are not true ideologues but only pretend to be. They are all about their egos and little else. Those people exist on both sides as well.
 
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Craig234

Lifer
May 1, 2006
38,548
349
126
Are you sure the right wants to keep the country as it is? Seems to me they want to turn back the clock, actually, e.g. disbanding or radically altering entitlements which have been in place for 50-80 years. Or dump the progressive income tax (90 years+) for a flat tax.

Otherwise, I agree with you. True ideologues of both persuasions want what they think is best for the country. Then there are those who are not true ideologues but only pretend to be. They are all about their egos and little else. Those people exist on both sides as well.

It's funny - many on the right seem unable to look at what the right DOES, but just because the word 'conservative' implies not wanting to change things, they base their opinion of the political group on the definition of the word, not the actual policies. It's like claiming the Nazi party was socialist because the word was in the name.

How can you talk to people who are that irrational about the facts?

Any discussion of this has to note the difference between the FOLLOWERS who are fed propaganda, and the agenda of the LEADERS who are serving the rich and corporations' interests.

In that form of democracy, voters are suckers to con with big budget marketing.
 

Craig234

Lifer
May 1, 2006
38,548
349
126
In response to the OP, the right - and I'm talking about the leadership - don't want to destroy the US. They want to turn the US into a plutocracy.

Their vision is where the public has far fewer rights, and are like farm animals who serve the benefit of the top few.

And farm animals are best without education, and expensive benefits. Bread and circuses - that will be plenty.

The United States is a radical experiment in government, a republican democracy giving the poor saps the power of the vote, so that they can have the public's power stand up to the 'economic royals' - to provide an alternative to the royal system they fought a revolution to leave.

The rich, however, are fighting back, and they are winning.

They are mastering the ways to reverse the United States' fundamental principles of 'power for the people', to find ways around the democracy to maintain plutocracy.

It turns the US democracy into a 'paper democracy', technically one but in which the people are not really represented, the powerful few set the policies.

People like Lincoln - 'of the people, by the people' and all that - knew this, when he said 'the US can only be defeated from within'. And it is being defeated from within.
 

Moonbeam

Elite Member
Nov 24, 1999
72,708
6,198
126
It's funny - many on the right seem unable to look at what the right DOES, but just because the word 'conservative' implies not wanting to change things, they base their opinion of the political group on the definition of the word, not the actual policies. It's like claiming the Nazi party was socialist because the word was in the name.

How can you talk to people who are that irrational about the facts?

Any discussion of this has to note the difference between the FOLLOWERS who are fed propaganda, and the agenda of the LEADERS who are serving the rich and corporations' interests.

In that form of democracy, voters are suckers to con with big budget marketing.

Yup, Craig and woolfe got your number on this. It's the same at the Supreme Court, judicial radicalism is both left and right but the denial on the right is more profound.

Where the left wants to take the country is no more unrecognizable or odd than where the right wants to go, the anathema place for the other side.
 
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