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- #181
Why is it you always seem to have problems with what the constitution says???? Is it the simple English that confuses you or the words bigger then two syllables?The shared responsibility payment is thus not a direct tax that must be apportioned among the several States.
John Roberts lists all known types of direct taxes in the paragraph you pulled that sentence from.
" A tax on going without health insurance does not fall within any recognized category of direct tax. It is not a capitation. Capitations are taxes paid by every person, "without regard to property, profession, or any other circumstance." Hylton, supra, at 175 (opinion of Chase, J.) (emphasis altered). The whole point of the shared responsibility payment is that it is triggered by specific circumstances--earning a certain amount of income but not obtaining health insurance. The payment is also plainly not a tax on the ownership of land or personal property. The shared responsibility payment is thus not a direct tax that must be apportioned among the several States."
Bullshit!
Hamilton's brief in the Hylton carriage case says: 'The following are presumed to be the only direct taxes: Capitation or poll taxes, taxes on lands and buildings, general assessments, whether on the whole property of individuals, or on their whole real or personal estate. All else must, of necessity, be considered as indirect taxes.'
Stop making crap up.
JWK
Laughing......that's why you edited out John Roberts explicitly contradicting you, huh?
"That narrow view of what a direct tax might be persisted for a century. In 1880, for example, we explained that "direct taxes, within the meaning of the Constitution, are only capitation taxes, as expressed in that instrument, and taxes on real estate." Springer, supra, at 602. In 1895, we expanded our interpretation to include taxes on personal property and income from personal property, in the course of striking down aspects of the federal income tax. Pollock v. Farmers' Loan & Trust Co., 158 U. S. 601, 618 (1895). That result was overturned by the Sixteenth Amendment, although we continued to consider taxes on personal property to be direct taxes."
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Making more stuff up? What I actually did was provide the specific quote from Hamilton's brief in the Hylton carriage case which says:
'The following are presumed to be the only direct taxes: Capitation or poll taxes, taxes on lands and buildings, general assessments, whether on the whole property of individuals, or on their whole real or personal estate. All else must, of necessity, be considered as indirect taxes.'
It is interesting to note that during the framing of our Constitution, on AUGUST 18th of the Convention as recorded in Madison’s Notes on the Convention “Mr. King asked, what was the precise meaning of direct taxation? No one answered.” But having studied an abundance of historical documentation during the 1700s and when our Constitution was adopted to identify the distinctions between direct and indirect taxation, one thing I am certain of. There is a consistency in contemporary comments of the time and tax legislation of the time establishing that direct taxes are those assessed to the individual by government, while indirect taxes are costs added by government to things which individuals are free to acquired or reject.
For example, during the 1700s Delaware had a direct tax system which laid a general assessment which included the "lessees of tillable land and those 'fortunate in trade . . . agreeable to the profit arising thereon , and according to their best skill and judgement . . .' [An act raising one million three hundred and sixty thousand dollars in the Delaware State, between the first day of February and the first day of October in the year one thousand seven hundred and eighty; and for other purposes therein mentioned (25 December, 1799) (DELAWARE); in laws of the state of Delaware, 1797, page 682; American Antiquarian Society (1956---,No 32030)
Hamilton's brief in the Hylton carriage case which Roberts quoted in the Obamacare case says: 'The following are presumed to be the only direct taxes: Capitation or poll taxes, taxes on lands and buildings, general assessments, whether on the whole property of individuals, or on their whole real or personal estate. All else must, of necessity, be considered as indirect taxes.'
Stop making crap up.
JWK
Seems that you and others see the phrase "income tax" in the Amendment, and that, my friend is delusional.
JWK