If the National Sales Tax is Unconstitutional... then what's the GOP up to

[berni_mccoy]

Check it out:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x1711488#1714052

So why are they proposing this... to get a NST, they would need a Constitutional Amendment, which isn't going to happen, even in 4 years, as the majority of states have to ratify it for it to be accepted (and I doubt that will happen).

So what's the GOP up to with all their talk about it? Is there a way around the Constitution on this?

[SnoopDog]

1. It is nice to see someone else reads our Constitution...

[applegrove]

2. Interesting. They will amend the Constitution (or try to for that) and

Sales tax was not even mentioned during the last election. How do the religious right feel about that? I feel some anxiety about to happen. Perhaps they will re-christen their kids or something.

[atre]

3. It's not unconstitutional

Read my reply to your constitutional objections in the other thread. You're misreading those provisions.

In addition, Article I, Section 8 gives Congress all the constitutional justification they need to lay such taxes.

Let's attack this proposal because it's a terrible idea, not because of some contrived and inarticulable idea that it is unconstitutional.

[berni_mccoy]

7. They had to amend the constitution

To allow income taxes (see Amendment XVI) <http://www.house.gov/Constitution/Amend.html>

This amendment is specific for income taxes. Why wouldn't they need to do one for a national sales tax?

I know about excise taxes, but those taxes are *indirect* uniform taxes; a national sales tax would seem to me to be a direct tax to the consumer, and as such, violate Article 1, Section 9, Clause 5.

This was already argued in 1796 and the Court decided that " the direct tax clause should be restricted to capitation taxes and taxes on land, or that at most, it might cover a general tax on the aggregate or mass of things that generally pervade all the States"

You can read about the debate of Excise tax vs. Direct Sales tax here:
http://conlaw.usatoday.findlaw.com/constitution/article01/48.html

[robcon]

4. There are federal excise taxes on numerous items...

beer, wine, spirits, cigars, cigarettes, firearms, gasoline, diesel fuel, etc.

There is no constitutional bar to raising revenue this way.

[berni_mccoy]

8. See my post 7 above.

[kentuck]

5. They're looking for cover...

an excuse for why they run to hell and back with their huge deficits and searching for anyone and any reason to blame it on someone else...

[sendero]

6. Honestly..

.... I almost wish the GOP would ram this through. It will be the end of their power for decades.

I don't know what they are up to, but they cannot be that damn stupid.