The Foundation of America
“The true foundation of republican government is the equal right of
every citizen,
in his person and property, and in their management.” – Thomas
Jefferson 1
The fundamental principle of the Declaration of Independence, which
undergirds our political and legal systems in this country, is that all
citizens possess “equal rights under the law.” Our whole concept of rights is
based upon their being equal for all citizens of the Republic. This was the
guiding star of justice that spawned America and which sustained her through
the first 125 years of her existence. In 1913, however, there took place a
most shameful default on this concept of “equal rights” with adoption of the
16th Amendment, which allowed Congress to enact an income tax with unequal
(i.e., progressive) rates.
This default by our pundits and politicians was challenged at the time by
numerous outraged legal minds, but due to the prevailing socialist sentiment
taking over the culture at the turn of the century, their challenge did not
prevail. Too many powerful voices had gotten swept up in the egalitarian
vision of Karl Marx, and they decided that government’s purpose was to
coercively implement such a vision. Tax policy became one of the tools with
which to bring about such a leveling of society. Collectivist irrationality
won the day, and it has lasted for 100 years, despite the fact that progressive
tax rates are clearly unconstitutional.
The reason why progressive tax rates are unconstitutional in America is
because different classes of society are assessed different
rates under such a system, which denies American citizens an equal right
to the disposal of their property (i.e., income) and thus denies them equal
protection under the laws of the land.
If the State can take arbitrary (unequal) percentages of our incomes
because 51% of the voters deem it desirable, then we no longer have a right
to the use of our property. We have only the permission for that
use, and only so long as we dutifully serve the reigning political powers.
There can be no justification for such a tax system. It is contrary to
everything for which America stands.
As the great Scottish economist J.R. McCulloch stated 170 years ago, “The
moment you abandon the cardinal principle of extracting from all individuals
the same proportion of their income or of their property,
you are at sea without a rudder or compass, and there is no amount of
injustice or folly you may not commit.” 2
Under our present system, the blindfolded Goddess of Justice has been
allowed to peek. “Tell me first who you are and what you earn,” she says,
“then I will tell you how the tax laws apply to you.” This is privilege and
arbitrary law, the harbingers of every tyranny throughout history.
Equal Rights vs. Equal Results
A federal government stripped of wasteful programs could be financed by a
flat 10% tax rate. Collectivists protest at this point, claiming that
equal-rate taxation would be unfair to those with lower incomes. The “results
of life” must be evened out for those who haven’t achieved as much. But as we
have seen, if the government is going to try and bring about equal
results in life, it must violate the equal rights
of its citizens to their property and its disposal. This is not legitimate
policy in America. Those with less in life must be helped through private and
church related charities. Government cannot overrule our rights to enhance
the status of interest groups deemed “special” by Washington.
Fairness and justice can never be achieved by the violation of rights!
Because the “majority will” votes for such a violation does not justify it.
Our rights to equality under the law and the disposal of our property can
never be put up for vote. The law must be the same for everyone. This is why
the Goddess of Justice wears a blindfold. To violate this basic foundation of
free civilization as Congress and the bureaucrats are doing is our great sin
of the modern day.
When government violates its citizens’ rights, it is partaking in an
act of criminality. A criminal government can never create “fairness”
and “justice.” Such irrationality and greed have brought us the bankruptcy of
America. Progressive tax rates are unjust, unconstitutional, illegal, and
dictatorial. They must be abolished, not just for the 19th century, but for
all of time.
Ending the Income Tax Itself
The income tax remains popular because as Congress’ Joint Committee on
Taxation reports, 50%
of Americans are exempt (figures swing between 47% to 51% from year to
year). This creates what economists call “infinite demand” for spending
programs. In other words if government programs are FREE to certain voters,
and if those programs are desirable, then those voters will want all they can
get. This is why government expands every year. Fifty percent of American
voters do not pay for federal services. Thus we have a totally irresponsible
electorate.
But the mandating of “equal rates” will bring large amounts of zero-payers
back into the system. The 50% figure for zero-payers can be reduced to 20%
meaning 80% of the voters will then have to pay for services. This will end
the relentless expansion of government and bring about a lowering of spending
every year because no one other than liberal zealots will want the heavy
levels of government programs if they have to pay proportionally for them out
of their own pockets. Eventually we could reach a 7%-8% equal-rate tax to fund
the duties of the federal government. At this level of taxation, we could
then replace the income tax with a 7%-8% sales tax and repeal the 16th
Amendment.
The first step, however, is to mandate “equal rates” for all citizens via
a constitutional amendment. This will remove the tyranny of progressive tax
rates from congressional whim. They cannot then be voted back in again four
years later. While an “equal-rate” tax enacted by Congress would be a
wonderful achievement (which we should all work for), it is not nearly enough
to preserve freedom. Progressive tax rates must be banned in the
Constitution! This is the only way to assure a free country for future
generations.
Ratifying the Amendment
Victor Hugo said, “There is nothing more powerful in history than an idea
whose time has come.” The American people are ready to stop the runaway
freight train of government growth. A New Equal Rights Amendment for taxes is
the way to do this. And it can be presented to the state legislatures for
ratification via a joint resolution from Congress or the Convention of States
process that the Constitution gives us. To bring this revolution about we
must follow Samuel Adams lead and work to set “brushfires of freedom” in the
minds of Congress and our fellow citizens.
In the 1840s when anti-slavery proponents were fighting to abolish slavery
in America, they did not have Congress or a majority of the people on their
side. But they did have “justice” and “rightness” on their side. They had the
most powerful force in history on their side – MORAL TRUTH. Even those who
defended slavery knew down deep that it was morally wrong. The same force
prevails in the fight to abolish “progressive taxation.” All decent men and
women know it is morally wrong to treat people differently under the law in
America. We must convince them to implement such conviction into our tax
system.
The principle of equal rights mandates equal tax
rates. No government will stay limited if it has the power to
confiscate wealth from productive citizens to convey free services to massive
amounts of less productive citizens so as to buy their votes on Election Day.
This is a guarantee for relentless growth of taxes and tyranny. The time has
come to end such political corruption and restore justice to America.
Notes
1. Letter to S. Kercheval, 1816. Saul K. Padover, ed., Thomas
Jefferson on Democracy (New York: New American Library, 1949), pp.
34-35.
2. J.R. McCulloch, Taxation and the Funding System, London, 1845,
pp. 141-143. Cited in Charles Adams, For Good and Evil: The Impact of
Taxes on the Course of Civilization (Lanham, MD: Madison Books, 1993),
p. 365.
