Did the Supreme Court rule that income taxes are unconstitutional in a decision made in 1880? Bill answers that question submitted by a BillOReilly.com Premium Member in this excerpt from our weekly Backstage Conversation webcast.
According to Article 1, Section 9 of the Constitution, it has always been unconstitutional for the U.S. Federal Government to directly tax U.S. Supreme Court Judges repeatedly rejected any claims that the 16th Amendment changed the constitutional limits on direct taxes: Brushaber v. Union Pacific R.R. Co., 240 U.S. 1, The Supreme Court ruled that the 16th "created no new power of taxation" and it "did not change the constitutional limitations which forbid any direct taxation of individuals".
During the 19th century, the U.S. Supreme Court did hold that the income tax which was levied during the Civil War was unconstitutional. This holding was based on the fact that the income tax was a direct tax, which could only be levied in proportion to the census. That is irrelevant nowadays. The Sixteenth Amendment expressly overturned the U.S. Supreme Court by granting to the Congress the power to levy income taxes without regard to the census.
Is a Direct Tax on someone unconstitutional ?
Scarecrow0089 2 years ago
Yeah Bill I guess all those other things in the constitution are 130 years behind us as well...
pickel190 2 years ago
According to Article 1, Section 9 of the Constitution, it has always been unconstitutional for the U.S. Federal Government to directly tax U.S. Supreme Court Judges repeatedly rejected any claims that the 16th Amendment changed the constitutional limits on direct taxes: Brushaber v. Union Pacific R.R. Co., 240 U.S. 1, The Supreme Court ruled that the 16th "created no new power of taxation" and it "did not change the constitutional limitations which forbid any direct taxation of individuals".
kd5icr1967 2 years ago
During the 19th century, the U.S. Supreme Court did hold that the income tax which was levied during the Civil War was unconstitutional. This holding was based on the fact that the income tax was a direct tax, which could only be levied in proportion to the census. That is irrelevant nowadays. The Sixteenth Amendment expressly overturned the U.S. Supreme Court by granting to the Congress the power to levy income taxes without regard to the census.
IndepIntel 2 years ago
You better start paying taxes conservatives.. It is a constitutional mandate.
jorgipogi 2 years ago
the next 4 years are gonna really suck
imitator777 2 years ago 2