Posted by
Toddy Littman on Friday, October 31, 2008 12:00:00 PM
United States Constitution,
Article I, Section 8, Clause 1:
The Congress shall have Power To lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United States.
Article I, Section 9, Clause 4:
No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed to be
taken.
Article I, Section 9, Clause 6:
No preference shall be given by an Regulation of Commerce or
Revenue to the Ports of one State over those of another; nor shall
Vessels bound to, or from, one State be obliged to enter, clear, or pay
Duties in another.
The above Constitutional Articles are cited to set forth why Barack
Obama's "Share The Wealth" government application of a direct tax on a
particular class of individuals (the top 5% of the population based on
income) for the sole purpose of direct redistribution to another
particular class of individuals (the other 95% of the population based
on income) is unconstitutional.
The following, Constitutional Amendments are invoked as protections
when there is a violation of Article I, Section 8, clause 1 and Article
I, Section 9, clause 4:
Amendment X. to the United States Constitution [1791]
The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
Amendment XIII. to the United States Constitution [1865]
Section 1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States or any place subject to their
jurisdiction.
Another reason the Obama "Share The Wealth" redistribution of wealth
program is unconstitutional by the terms of the 10th Amendment is
because the entire population, including the 5% of the wealthiest
Americans, have these reserved "extraconstitutional powers" vested in
them by the 10th Amendment. This amendment invokes Article I, Section
9, Clause 4 because the design of the "Share The Wealth" program
specifically claims it is government application of a direct tax on a
class of people solely on the basis of income with the intention of a
direct redistribution of whatever property is extracted.
Further, the “Share The Wealth” income redistribution program is a
capitation or, more specifically, a direct tax not being applied in
proportion to the census, and thus illegal on its face per Article I,
Section 9, Clause 4.
This causes the taking of property without any Constitutional Authority
to be extra-constitutional, and in this case, a form of slavery where
those being taxed are being held accountable by the government for the
wellbeing of those who the government designates shall directly receive
the funds taken. The government has total control of the private
property it is seizing from this class of citizens and is effecting the
life, fortune and liberty of that citizen without that citizen deriving
any benefit from the government, the institution created by the
Constitution to be the uniform servant of the people by providing
benefits to those who pay into the United States Treasury, the Treasury
of a legitimate government which provides benefits to its citizens in
relation to taxation.
Without a derived benefit from the government to the payor of the tax,
the taking of private property from a citizen by the government, using
the Public Treasury as a pass-through for a direct distribution to a
particular private individual or class, there is a legitimization of
theft from citizens by the government and sets a precedent of the
government taking private property from citizens as its subjects, and,
at pleasure of whosoever the government favors as a private recipient.
This is a violation of the Public Trust by the government against its
citizens.
Further, this is The United States Government appeasing a particular
special interest group using the public taxing power to the detriment
of those they are taking the funds from, and again, not for a public
purpose but for a private one which also can be used by the government
to elicit political favor from private citizen recipients of this
redistribution.
To tax and directly particular class(es) of citizens from a direct tax
that violates Article I, Section 9, Clause 4, based solely on the
criteria of income is no less than raising tax rates on a class of
people based on the particular criteria of race, religion, or other
prejudice. This is tantamount to the original Constitutional claims
of "three fifths of all other persons" being applied particularly to
accounting for slaves in the course of determining population, an
unreasonable inequality when comparing people and their labor, their
worthiness to receive just compensation in the form of value that they
deserve, their property in exchange for their hard work as a whole
person no less than any other citizen. “Share The Wealth” asserts
that the wealthiest Americans’ effort is worth less than 95% of
Americans in an identical way to the demeaning of slaves.
This means the "Share the Wealth" redistribution plan to "95% of
Americans" is not just a socialist program but one that sets civil
rights back 219 years. Now however, the idea of slavery, "that civil
right relation to which one man has absolute power over the life,
fortune, and liberty of another," is implied when government taxes one
person’s income, without designating or providing any benefit to the
person paying the tax, and instead specifically taking the funds to
provide them to another person or class of people.
The "Share The Wealth" program is a direct trespass on private property
of a citizen for a use not provided by nor a power delegated to the
government of the United States by the Constitution. With income taxes
benefits derive to the individuals paying in to the income tax system.
"Share The Wealth" provides no identifiable government benefit
whatsoever to the person paying into it.
I submit it appears that Barack Obama's lack of being a descendant of a
slave has left him unaware of the constructs of civil rights
violations, that his book knowledge alone is all that he knows how to
apply and renders him inept by lack of experience in regard to the
Constitutional limitations of Government and acts against the American
People prohibited under the 13th Amendment as slavery.
Thank you for reading.