.
The proposed balanced budget amendment (H.J.RES.1) is a fraud being perpetrated upon the American People because nowhere in its wording is Congress required to extinguish an annual deficit created by Congress' borrowing during the course of a fiscal year. How can it be called a balanced budget amendment if it does not require the annual budget to be balanced?
If those behind the "balanced budget amendment" were sincere in wanting to "balance the budget" they would have a provision contained in the amendment which would actually balance the budget on an annual basis. For example, if the following wording were contained in H.J.RES.1, it could truthfully be called a "balanced budget amendment, as it would lead to an annually balanced budget:
SECTION: Congress ought not raise money by borrowing, but when Congress has raised money by borrowing during the course of a fiscal year to meet its expenses, Congress shall then lay a direct tax among the States at the close of that fiscal year for an amount sufficient to extinguish the fiscal year's deficit, and apply the revenue so raised to extinguishing said deficit."
See how easy it is to write language to "balance the budget" if one is sincerely inclinned to have a balanced budget?
But now, let us take a look at how our founding fathers expressed the balanced budget idea which appears in several of the State ratification documents which gave life to our Constitution.
Fourthly That Congress do not lay direct Taxes but when the money arising from Impost, Excise and their other resources are insufficient for the Publick Exigencies; nor then, untill Congress shall have first made a Requisition upon the States, to Assess, Levy, & pay their respective proportions, of such requisitions agreeably to the Census fixed in the said Constitution in such way & manner as the Legislature of the State shall think best and in such Case if any State shall neglect, then Congress may Assess & Levy such States proportion together with the Interest thereon at the rate of six per Cent per Annum from the Time of payment prescribed in such requisition- ___ Ratification of the Constitution by the State of New Hampshire; June 21, 1788
But were the founders joking when writing the above words? I think not because the founders applied the apportioned tax on various occasions. For example see: see an Act laying a direct tax for $3 million in which the rule of apportionment is applied and each State’s Congressional Delegation returned home with a bill in hand for their State’s Governor and Legislature to deal with in extinguishing the deficit.
And see Section 7 of direct tax of 1813 allowing states to raise and pay their respective quotas in their own chosen way and be entitled to certain deductions in meeting their payment on time.
Now, with this in mind, the following is what our “conservatives” ought to be promoting as a balanced budget amendment which is in harmony with our original Constitution and our Founder‘s intentions!
Let’s call it The Fair Share Balanced Budget Amendment.
Proposing a balanced budget amendment to the Constitution of the United States.
“SECTION 1. The Sixteenth Amendment is hereby repealed and Congress is henceforth forbidden to lay ``any`` tax or burden calculated from profits, gains, interest, salaries, wages, tips, inheritances or any other lawfully realized money
NOTE: these words would return us to our founding father’s ORIGINAL TAX PLAN as they intended it to operate! And, they would remove the existing chains of taxation which now oppresses America‘s free enterprise system and robs the bread which working people have earned when selling their labor! The words also end the class warfare game which Congress just loves as it divides the people
"SECTION 2. Congress ought not raise money by borrowing, but when the money arising from imposts duties and excise taxes are insufficient to meet the public exigencies, and Congress has raised money by borrowing during the course of a fiscal year, Congress shall then lay a direct tax at the beginning of the next fiscal year for an amount sufficient to extinguish the preceding fiscal year's deficit, and apply the revenue so raised to extinguishing said deficit."
NOTE: Congress is to raise its primary revenue from imposts and duties, [taxes at our water’s edge], and may also lay miscellaneous internal excise taxes on specifically chosen articles of consumption. But if Congress borrows and spends more than is brought in from imposts, duties and miscellaneous excise taxes during the course of a fiscal year, then, and only then, is the apportioned tax to be laid.
"SECTION 3. When Congress is required to lay a direct tax in accordance with Section 2 of this Article, the Secretary of the United States Treasury shall, in a timely manner, calculate each State's apportioned share of the total sum being raised as agreeable to the Census fixed in the Constitution, and then provide the various State Congressional Delegations with a Bill notifying their State’s Executive and Legislature of its share of the total tax being collected and a final date by which said tax shall be paid into the United States Treasury."
NOTE: our founder’s fair share formula to extinguish a deficit would be:
States’ population
---------------------------- X DEFICIT = STATE’S SHARE
Total U.S. Population
This formula, as intended by our founding fathers, is to insure that those states who contribute the lion’s share of the tax are guaranteed a representation in Congress proportionately equal to their contribution, i.e., representation with proportional obligation!
"SECTION 4. Each State shall be free to assume and pay its quota of the direct tax into the United States Treasury by a final date set by Congress, but if any State shall refuse or neglect to pay its quota, then Congress shall send forth its officers to assess and levy such State's proportion against the real property within the State with interest thereon at the rate of ((?)) per cent per annum, and against the individual owners of the taxable property. Provision shall be made for a 15% discount for those States paying their share by ((?))of the fiscal year in which the tax is laid, and a 10% discount for States paying by the final date set by Congress, such discount being to defray the States' cost of collection."
NOTE: This section respects the Tenth Amendment and allows each state to raise its share in its own chosen way in a time period set by Congress, but also allows the federal government to enter a state and collect the tax if a state is delinquent in meeting its obligation.
"SECTION 5. This Amendment to the Constitution, when ratified by the required number of States, shall take effect no later than (?) years after the required number of States have approved it.
JWK
“The proportion of taxes are fixed by the number of inhabitants, and not regulated by the extent of the territory, or fertility of soil.” 3 Elliot’s, 243 “Each state will know, from its population, its proportion of any general tax.” 3 Elliot’s, 244___ Mr. George Nicholas during the ratification debates of our Constitution
The proposed balanced budget amendment (H.J.RES.1) is a fraud being perpetrated upon the American People because nowhere in its wording is Congress required to extinguish an annual deficit created by Congress' borrowing during the course of a fiscal year. How can it be called a balanced budget amendment if it does not require the annual budget to be balanced?
If those behind the "balanced budget amendment" were sincere in wanting to "balance the budget" they would have a provision contained in the amendment which would actually balance the budget on an annual basis. For example, if the following wording were contained in H.J.RES.1, it could truthfully be called a "balanced budget amendment, as it would lead to an annually balanced budget:
SECTION: Congress ought not raise money by borrowing, but when Congress has raised money by borrowing during the course of a fiscal year to meet its expenses, Congress shall then lay a direct tax among the States at the close of that fiscal year for an amount sufficient to extinguish the fiscal year's deficit, and apply the revenue so raised to extinguishing said deficit."
See how easy it is to write language to "balance the budget" if one is sincerely inclinned to have a balanced budget?
But now, let us take a look at how our founding fathers expressed the balanced budget idea which appears in several of the State ratification documents which gave life to our Constitution.
Fourthly That Congress do not lay direct Taxes but when the money arising from Impost, Excise and their other resources are insufficient for the Publick Exigencies; nor then, untill Congress shall have first made a Requisition upon the States, to Assess, Levy, & pay their respective proportions, of such requisitions agreeably to the Census fixed in the said Constitution in such way & manner as the Legislature of the State shall think best and in such Case if any State shall neglect, then Congress may Assess & Levy such States proportion together with the Interest thereon at the rate of six per Cent per Annum from the Time of payment prescribed in such requisition- ___ Ratification of the Constitution by the State of New Hampshire; June 21, 1788
But were the founders joking when writing the above words? I think not because the founders applied the apportioned tax on various occasions. For example see: see an Act laying a direct tax for $3 million in which the rule of apportionment is applied and each State’s Congressional Delegation returned home with a bill in hand for their State’s Governor and Legislature to deal with in extinguishing the deficit.
And see Section 7 of direct tax of 1813 allowing states to raise and pay their respective quotas in their own chosen way and be entitled to certain deductions in meeting their payment on time.
Now, with this in mind, the following is what our “conservatives” ought to be promoting as a balanced budget amendment which is in harmony with our original Constitution and our Founder‘s intentions!
Let’s call it The Fair Share Balanced Budget Amendment.
Proposing a balanced budget amendment to the Constitution of the United States.
“SECTION 1. The Sixteenth Amendment is hereby repealed and Congress is henceforth forbidden to lay ``any`` tax or burden calculated from profits, gains, interest, salaries, wages, tips, inheritances or any other lawfully realized money
NOTE: these words would return us to our founding father’s ORIGINAL TAX PLAN as they intended it to operate! And, they would remove the existing chains of taxation which now oppresses America‘s free enterprise system and robs the bread which working people have earned when selling their labor! The words also end the class warfare game which Congress just loves as it divides the people
"SECTION 2. Congress ought not raise money by borrowing, but when the money arising from imposts duties and excise taxes are insufficient to meet the public exigencies, and Congress has raised money by borrowing during the course of a fiscal year, Congress shall then lay a direct tax at the beginning of the next fiscal year for an amount sufficient to extinguish the preceding fiscal year's deficit, and apply the revenue so raised to extinguishing said deficit."
NOTE: Congress is to raise its primary revenue from imposts and duties, [taxes at our water’s edge], and may also lay miscellaneous internal excise taxes on specifically chosen articles of consumption. But if Congress borrows and spends more than is brought in from imposts, duties and miscellaneous excise taxes during the course of a fiscal year, then, and only then, is the apportioned tax to be laid.
"SECTION 3. When Congress is required to lay a direct tax in accordance with Section 2 of this Article, the Secretary of the United States Treasury shall, in a timely manner, calculate each State's apportioned share of the total sum being raised as agreeable to the Census fixed in the Constitution, and then provide the various State Congressional Delegations with a Bill notifying their State’s Executive and Legislature of its share of the total tax being collected and a final date by which said tax shall be paid into the United States Treasury."
NOTE: our founder’s fair share formula to extinguish a deficit would be:
States’ population
---------------------------- X DEFICIT = STATE’S SHARE
Total U.S. Population
This formula, as intended by our founding fathers, is to insure that those states who contribute the lion’s share of the tax are guaranteed a representation in Congress proportionately equal to their contribution, i.e., representation with proportional obligation!
"SECTION 4. Each State shall be free to assume and pay its quota of the direct tax into the United States Treasury by a final date set by Congress, but if any State shall refuse or neglect to pay its quota, then Congress shall send forth its officers to assess and levy such State's proportion against the real property within the State with interest thereon at the rate of ((?)) per cent per annum, and against the individual owners of the taxable property. Provision shall be made for a 15% discount for those States paying their share by ((?))of the fiscal year in which the tax is laid, and a 10% discount for States paying by the final date set by Congress, such discount being to defray the States' cost of collection."
NOTE: This section respects the Tenth Amendment and allows each state to raise its share in its own chosen way in a time period set by Congress, but also allows the federal government to enter a state and collect the tax if a state is delinquent in meeting its obligation.
"SECTION 5. This Amendment to the Constitution, when ratified by the required number of States, shall take effect no later than (?) years after the required number of States have approved it.
JWK
“The proportion of taxes are fixed by the number of inhabitants, and not regulated by the extent of the territory, or fertility of soil.” 3 Elliot’s, 243 “Each state will know, from its population, its proportion of any general tax.” 3 Elliot’s, 244___ Mr. George Nicholas during the ratification debates of our Constitution
