16th Amendment


The US Supreme Court has ruled the 16th Amendment, which authorized a direct tax on income, was the (unconstitutional) Law of the Land.

1894 – A Democrat-controlled Congress passed a bill authorizing an income tax.

1896 – The U.S. Supreme Court ruled that a direct tax on income was unconstitutional.

1909 – A Republican-controlled Congress and Republican President (William Howard Taft) passed a bill authorizing a direct tax on income and sent the bill to the states to be ratified as an amendment to the US Constitution.

1913 – A Democrat-controlled Congress and Democrat President (Woodrow Wilson), and thirty-six Republican and Democrat-controlled states ratified the 16th amendment.

1916 – The U.S. Supreme Court ruled the 1909 Congressional bill that became the 16th Amendment was unconstitutional. (1) Their wording was, it is not supported (as allowable) by the US Constitution.

Prior to the Civil War, the U.S. Government was funded only by a direct tax apportioned to the states based on population, and by “duties, imposts, and excises (included tariffs and sales taxes) that were uniform throughout the United States”.

In 1861 Congress implemented a temporary tax on income to pay down the Civil War debt and it created the Internal Revenue Service (IRS) to collect the tax.

By 1882 the tax was ended and the IRS was dissolved.

Now Congress faced a problem it had not experienced for two decades: If the US Senate approved the federal budget proposed by the House, paying for the ap-proved budget was the Senate’s problem. Without an income tax to rely on, Congress was forced to operate once again within a very restrictive revenue budget. The tariffs on imported goods were reaching 25%, which made the Senate dis-pleased because international trade relations were being dramatically impacted. The other alternative revenue source was just as objectionable – raising the per capita direct tax charged to the States.

Income tax was tolerated for 20 years because it was a temporary tax with a specific purpose. Nevertheless, income tax was a panacea for revenue. Congress made it a priority to bring it back and to make it a permanent fixture in America. In 1894, in an effort to open the doors again to easy money, Congress passed a direct tax on income. In 1896, the “direct tax on income” was declared unconstitutional by the US Supreme Court.

The Democrats and Republicans set out to terminate the impact of the financial barriers in the U.S. Constitution. They succeeded. The 16th Amendment was ratified and it gave Congress the power to levy an unconstitutional income tax.

Despite the fact that the US Supreme Court ruled that there is no support in the Constitution for collecting an income tax as a direct tax and that the 16th Amendment “destroys the two great classifications (financial barriers) which have been recognized and enforced from the beginning”, and stated that ‘Congress abused the power to tax with which it had been entrusted by the US Constitution’ when it passed the bill in 1909 that became the 16th Amendment, the Democrats and Republicans did not care. They have done nothing to rescind the 16th Amendment.

The 16th Amendment threw the doors to tyranny wide open. There is now no limit to the wealth the US Government can confiscate. In fact, one hundred percent (100%) of the entire output of the nation is there for the taking. Congress can now confiscate and dispose of your income as it pleases. All that needs to be decided is the question, “How much of the income that you earned will the government allow you to keep.”

The division of power, the checks and balances, and the two financial barriers that were placed in the US Constitution were intended to work hand in hand to pre-vent tyranny. None of those features are taken into consideration today. The financial barriers are gone. The division of power is ignored. The checks and balances no longer play a determinant role in government. The 16th Amendment makes you and every working American a slave. The government is your Master.

For the past 107 years, the elected candidates from both parties have refused to even consider taking steps to rescind the 16th amendment. The Democrats and Republicans have turned our government into a ruthless master, and they want to keep it that way.

Until the 16th Amendment is rescinded, you will be required to annually report to the government every penny you earn, and where you spend, invest, and save the money that you earn for them. If you don’t report, if you do not follow their rules, if you keep too much of their money, you will regret your actions. They have created what has been referred to as the “most ruthless collection agency in the world” – the IRS. The consequences of not reporting are dire. As is the case in any master/slave relationship, if the master decides you attempted to keep too much of the master’s money (even though it is your earnings), your life will become absolutely miserable. You can lose your home, your business, and even your liberty.

If we are ever to experience real freedom and liberty, we need to remove this tyrannical power that gives our government the ability to just take our income. The Libertarian Party is the only political party that has committed itself to the elimination of the income tax; Libertarian solutions do not need to confiscate the wealth of our nation to be implemented, and we certainly do not need the 16th Amendment.

Being realistic, before we can eliminate the need for the 16th Amendment, the financial structure of this country needs to be restructured. It will take time to level the mountain of government agencies and departments and unweave the tangle of interrelations that have been created since the 16th amendment has been enacted.

I am running for the NY Assembly because the NYS Assembly is one of the places where the process of restructuring our financial system can begin and the steps to rescind the 16th Amendment can be taken. To be successful, another 35 state assemblies will need to join us.

If you would like to begin breaking the Slave/Master relationship that the 16th amendment created between you and the US Government, consider supporting my efforts to become your NYS Assemblyman. I assure you, rescinding the 16th Amendment is one of my political objectives.

Give me your support.

Vote for Mark Glogowski

Libertarian Candidate, NYS Assembly, District 139

(1) US Supreme Court, 1916, Brushaber V. Union Pacific Railroad Co., 240 U.S.1