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| View Poll Results: What would you like to give George W. Bush for Christmas? |
| A big wet kiss on his tushie! |
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0 | 0% |
| Saddam's head on a platter, with fries and a Coke! |
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6 | 11.76% |
| A good hard sock on the jaw! |
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4 | 7.84% |
| A nice hot Cleveland Steamer! |
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4 | 7.84% |
| The same venereal disease Monica gave Bill! |
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2 | 3.92% |
| A bill of impeachment! |
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10 | 19.61% |
| A horse's head in bed! |
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4 | 7.84% |
| A one-way ticket to Planet X! |
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10 | 19.61% |
| Other (don't be a lazy arse, explain!) |
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8 | 15.69% |
| Nothing! What did he ever give me? |
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3 | 5.88% |
| Voters: 51. You may not vote on this poll | |||
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#81 |
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[quote]Originally posted by shanek
Re: >>>>The Knowlton case "specifically defined Income Tax" as a Direct tax? How interesting. Can you cite the exact passage where such a thing is asserted? <<<< -------------------------------------------------------------------------------- >>Oh, come on!!!! They specifically said that any taxes which "bear immediately upon persons" is a direct tax!!! Sheesh....<< Taxes that "bear immediatlely upon persons" are indeed direct. But that is not a definition for "income tax" but a definition for "CAPITATION" or head tax. There are only two kinds of Direct taxes -- a tax on property and a tax on the person. But there has never been any Federal Capitation or Head Tax. Moreover the cited phrase is contained in the context of French and other European definitions of Direct as versus Indirect taxation: "Continuing the rule of the ancient French law, at the present day in France inheritance and legacy taxes are enforced, being collectible as stamp duties. They are included officially under the general denomination of indirect taxes, for the reason that all inheritance and legacy taxes are considered as levied on the 'occasion of a particular isolated act.' This view of the inheritance and legacy tax conforms to the official definition of indirect taxes, among which inheritance and legacy taxes are classed, which prevails in France at the present day. The definition is as follows: 'Direct taxes bear immediately upon persons, upon the possession and enjoyments of rights; indirect taxes are levied upon the happening of an event or an exchange.' " Moreover the cited case doesn't even concern income taxes at all but rather a death or inheritance tax which is an EVENT and properly is construed as an Indirect Excise -- just like the so called Income Tax. You're welcome. |
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#82 |
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[quote]Originally posted by shanek
>>>>>No. You are refuting the claim of the Supreme Court itself. <<<< -------------------------------------------------------------------------------- >>Then why did no Supreme Court find Income Tax Constitutional before 1913???<< No Supreme Court has ever ruled Income Taxes, in the generic sense, to be unconstitutional. There is no expressed prohibition of any kind of tax in the Constitution, so long as they conform to the rules of uniformity as to Indirect taxes, or to the rule of apportionment as to Direct taxes. |
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#83 |
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Bufo Caminus Inedibilis
Join Date: Nov 2002
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Direct or indirect: that is the question...
Sounds more and more like semantic BS to me...
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#84 |
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#85 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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You can be a good little politician and redefine things all you want, but reality does not bend to your whims. |
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"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#86 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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If it's not in the Constitution, the government CAN'T DO IT!!! PERIOD!!!!
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Why don't you try reading for once? |
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"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#87 |
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[quote]Originally posted by shanek
RE: >>>>Taxes that "bear immediatlely upon persons" are indeed direct. But that is not a definition for "income tax" but a definition for "CAPITATION" or head tax. There are only two kinds of Direct taxes -- a tax on property and a tax on the person.<<<< >>How is an Income Tax not both?<< An income tax is not a tax on real or personal property for it must then be construed as a Direct Tax which the Brushaber Court went at great lengths to explain that it was not. And an income tax cannot be a tax on a person for that is a Capitation, plain and simple and according to the Constitution, all Capitations or other Direct taxes must be apportioned among the states. >> And keep in mind, the 1895 case ruled the Civil War-era Income Tax unconstitutional, and that was almost exactly the same as our current Income Tax!<< I believe part your difficulty is that you are reading from 3rd party sources and have not actually read the cases. There is a lot of information that emanates from government sources and the government schools themselves that is false. The Civl War income tax was never brought before the Supreme Court and never declared unconstitutional. But the Income Tax Act of 1894 as part of the Tarriff Act of 1894 was indeed declared unconstitutional for the reasons stated. But income taxes in a generic sense were never declared to be unconstitutional by any Supreme Court decision. The Pollack court ruled that... "The tax imposed by sections twenty-seven to thirty-seven, inclusive, of the act of 1894, so far as it falls on the income of real estate and of personal property, being a direct tax within the meaning of the Constitution, and, therefore, unconstitutional and void because not apportioned according to representation, all those sections, consisting of one entire scheme of taxation, are necessarily invalid. Pollock v. Farmers' Loan & Trust Co., 158 U.S. 601, at 637 (1895). And in 1916 the Brushaber Court emphasized that in no way did the Pollock Court rule that income taxes in the generic sense were Direct and therefore unconstituitonal... ". . . the conclusion reached in the Pollock Case did not in any degree involve holding that income taxes generically and necessarily came within the class of direct taxes on property, but, on the contrary, recognized the fact that taxation on income was in its nature an excise entitled to be enforced as such . . ." --Brushaber v. Union Pacific R. Co., 240 U.S. 1, 16 - 17 (1916 |
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#88 |
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[quote]Originally posted by shanek
RE: >>>>Originally posted by Rouser2 No Supreme Court has ever ruled Income Taxes, in the generic sense, to be unconstitutional.<<<< >>I've already shown that claim to be hogwash. All you've shown is your willingness to rewrite the dictionary.<< You've made a lot of erroneous assertions. Without evidence. But that is because there is no evidence. The Supreme Court never ruled income taxes in the generic sense, unconstitutional". But I will give you that there are plenty of official looking sources that says they did. But it's simply not there in the cases. Calm down and read them. quote: -------------------------------------------------------------------------------- >>>>There is no expressed prohibition of any kind of tax in the Constitution,<<<< -------------------------------------------------------------------------------- >>>THERE DOESN'T HAVE TO BE!!!! WHY DON'T YOU GET THAT!!!! If it's not in the Constitution, the government CAN'T DO IT!!! PERIOD!!!!<<<< It's a nice catchy phrase which I have used many times myself. But the fact is, the authorization is right there in Art. I., Sec. 8, "Congress shall have the power to lay and collect Taxes, Duties, Imposts and Excises..." And the Income tax is an excise tax. quote: -------------------------------------------------------------------------------- >>>>so long as they conform to the rules of uniformity as to Indirect taxes, or to the rule of apportionment as to Direct taxes. <<<< -------------------------------------------------------------------------------- >>Except that Income Taxes are made without apportionment, hence that one clause in Amendment 16.<< Yes, indeed. Because the Income Tax is an Indirect Excise tax, and must be enforced as such, which is why the Brushaber court held that it need not be apportioned, regardless of whatever source that income may be derived, which in the case of the Rev. Act of 1894, included personal and Real property. Bear in mind, that the tax is not and cannot be ON the source itself, but only from income "derived" from a source. >>Why don't you try reading for once?<< If only more people could read and heed the original cases, there wouldn't be any need for any crusades to get rid of the 16th Amendment, for as I previously pointed out, if the 16th Amendment were enforced as to the meaning of it given by the Surpeme Court in the early landmark cases, most working people would not be paying an income tax. Ditto the Soc. Security FICA tax. So, my call to you is to try reading the actual cases for once. |
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#89 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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How are the fruits of your labor not your own property?
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![]() You're showing yourself to be a closed-minded woo-woo who doesn't even consider direct evidence given to him, and who is all too willing to redefine things to fit his own biases! |
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"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#90 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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That is a LIE!!! I have provided evidence for every single one of my points and you know it!!!
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__________________
"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#91 |
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[quote]Originally posted by shanek
Re: -------------------------------------------------------------------------------- >>>>Originally posted by Rouser2 An income tax is not a tax on real or personal property for it must then be construed as a Direct Tax<<<< -------------------------------------------------------------------------------- >>Uh-huh. So you're redefining it then. How are the fruits of your labor not your own property?<< Yes. But in the context of taxation, personal property consists of ownership of things and not income. quote: -------------------------------------------------------------------------------- >>>>And an income tax cannot be a tax on a person for that is a Capitation, plain and simple and according to the Constitution, all Capitations or other Direct taxes must be apportioned among the states.<<<< -------------------------------------------------------------------------------- >>Again, you're redefining words to avoid the problem.<< Not at all. A capitation is a head tax, and is cited as such in the Constitution. "No capitation or other Direct Tax shall be laid unless..." -- Art. I, sec. 9. quote: -------------------------------------------------------------------------------- >>>>I believe part your difficulty is that you are reading from 3rd party sources and have not actually read the cases.<<<< -------------------------------------------------------------------------------- >>No, I've read the cases, although I'm sure it comforts you to believe otherwise.<< You are in denial. quote: -------------------------------------------------------------------------------- >>>>The Civl War income tax was never brought before the Supreme Court and never declared unconstitutional.<<<< -------------------------------------------------------------------------------- >>I GAVE YOU THE REFERENCE FOR THIS!!!! << You did not. You referred to the Pollack case. That case had nothing to do with the Civil War income tax which by then had been abolished. Get your facts straight. >>You're showing yourself to be a closed-minded woo-woo who doesn't even consider direct evidence given to him, and who is all too willing to redefine things to fit his own biases!<< If the shoe fits, wear it. |
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#92 |
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[quote]Originally posted by shanek
>>>>And the Income tax is an excise tax.<<<< >>I'd love to see you try and support that bit of insanity...<< I have repeatedly supported it by citing the landmark Brushaber case. I could cite many more. How many do you required? Here is the quote from the Brushaber case again. Please try to read and comprehend the words in red? Or are you color blind too? ". . . the conclusion reached in the Pollock Case did not in any degree involve holding that income taxes generically and necessarily came within the class of direct taxes on property, but, on the contrary, recognized the fact that taxation on income was in its nature an excise entitled to be enforced as such . . ." Brushaber v. Union Pacific R. Co., 240 U.S. 1, 16 - 17 (1916 |
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#93 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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Besides, Income Tax is most certainly a capitation, unless you rewrite the dictionary again.
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__________________
"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#94 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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An excise is a fee levied in exchange for certain government services. Where's the exchange in the Income Tax? With the excises on gas, we get roads. With the excises on surveying etc., we get legal recognition of our property. What do we get in exchange for our Income Taxes? |
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"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#95 |
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[quote]Originally posted by shanek
>>>>Far from suggesting that all Direct Taxes are a form of capitation, that phrasing actually says that there are other forms of Direct Taxes.<<<> Of course. >>Besides, Income Tax is most certainly a capitation, unless you rewrite the dictionary again.<< A capitation is a tax on people -- it has nothing to do with income or whether a person even has any. Common Dictionaries are sometimes used by the courts. More often, legal dictionaries, and even more often definitions supplied by the writers of the laws themselves and/or by the courts. The definition of the words Direct, Indirect, Excise, Capitation, Income, "Derived" "Source" and even the word "on" are intrinsically inter-related to the subject and the reason for the mass mis-understanding of it. I have pointed out some of the relevent cases to you, but you can lead a horse to water, but you can't make him drink. |
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#96 |
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[quote]Originally posted by shanek
Re: >>>>How many (cases) do you required? <<<< -------------------------------------------------------------------------------- >>I "required" you to use logic and reason instead of argument from authority.<< There is no such a thing as logic and reason unless rooted in the precise definitions of words, which, when it comes to the law, must come from Authority. >>An excise is a fee levied in exchange for certain government services. Where's the exchange in the Income Tax?<< Not so. An excise is a tax laid on revenue taxable activities, events or privileges. "A tax laid upon the happening of an event, as distinguished from its tangible fruits, is an indirect tax."-- Tyler v. United States, 281 U.S. 497, at 502 (1930). "The income tax is, therefore, not a tax on income as such. It is an excise tax with respect to certain activities and privileges which is measured by reference to the income which they produce. The income is not the subject of the tax: it is the basis for determining the amount of tax." -- House Congressional Record, March 27, 1943, page 2580. >>With the excises on gas, we get roads. With the excises on surveying etc., we get legal recognition of our property. What do we get in exchange for our Income Taxes?<< What we get or don't get is completely irrelvent to the question of the lawful laying and collecting of the tax. __________________ |
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#97 |
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Bufo Caminus Inedibilis
Join Date: Nov 2002
Location: Gone.
Posts: 15,739
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Ever wonder why certain wealthy Americans remain silent about the income tax? It's designed to keep certain people down. It's not hard to figure out when you look at what the end result has been. Frankly, on that basis alone, I'd say we've grounds to rid ourselves of this social and bureaucratic atrocity. |
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#98 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#99 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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__________________
"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#100 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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__________________
"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#101 |
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Bufo Caminus Inedibilis
Join Date: Nov 2002
Location: Gone.
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#102 |
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Philosopher
Join Date: Oct 2002
Location: Republic of Massachusetts
Posts: 6,489
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Everyone acts like all our taxes go straight to coked out welfare mothers. |
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#103 |
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Bufo Caminus Inedibilis
Join Date: Nov 2002
Location: Gone.
Posts: 15,739
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No, everyone doesn't act as though all the money goes straight to coked out welfare mothers. I sure as hell wish it were, though. It would be a lot more effective, and might actually do some good. Instead, it all goes through fat-a$$ed bureaucrats with bad comb-overs who haven't been outside their offices in the past ten years to see what the hell is going on with the money they spend, which explains why you have some parts of most American cities that are virtual war zones where even the cops are afraid to go. In the meantime, we have people who are growing up on welfare and know no other way of life. You tell me: why in God's name would you continue to support that? That's what your income taxes go to support! |
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#104 |
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Philosopher
Join Date: Oct 2002
Location: Republic of Massachusetts
Posts: 6,489
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Rarely can you follow a tax dollar to its final destination. The Feds send big block/grant money to just about every town, city, state in the country. It then filters down to those very programs yoou listed above. So those fed dollars do in fact help to pay for those things. Call it TRICKLE DOWN TAX BENIFITS if you will. Dont believe me. Then go down to your local PD and ask if all their funding comes from local property taxes? Ask the school board if they get any fed money? As for the "growing up welfare", I haer ithat alot but I never really understand that statement. Maybe in the old days you could be a perpetual welfare recipiant, but not anymore. At least not in Mass. My biggest beef. Disablity!!! Thats the biggest money eating scam out there. |
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#105 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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None of the things you mentioned are paid for with Federal Income Tax. And it constantly amazes me that people are so ignorant as to where their money goes that they honestly think that they are. This is the biggest argument I get out of why we should pay Income Tax, but none of these services are paid for with it! We could eliminate the Federal Income Tax and still have more than enough money for every single one of these services. |
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"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#106 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#107 |
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Philosopher
Join Date: Oct 2002
Location: Republic of Massachusetts
Posts: 6,489
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My town just built a new High School. If my memory serves me I'd say about 80% was paid through Fed money. Ill give it a quick look.
OK a quick look and I foudn an article saying the city will be reimbursed 69% of the cost from the state. (Not sure if that state money also includes Dept O Education money) My point is that you might be underestimating the amount of Fed money that may indirectly be returning to local projects. |
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#108 |
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Bufo Caminus Inedibilis
Join Date: Nov 2002
Location: Gone.
Posts: 15,739
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#109 |
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Philosopher
Join Date: Oct 2002
Location: Republic of Massachusetts
Posts: 6,489
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I didnt say I wanted them involved. But they are.
maybe fed involment is a good thing on some levels. Lets say we really scaled back the Fed government, would it be so efficient to have the 50 states individually pick up and administer the now defunct fed programs? Can states survive without fed backing? |
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#110 |
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Suspended
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[quote]Originally posted by shanek
[b] Re: Capitation Not so. It could be levied regardless of income, but it could just as easily be based on a person's income, shoe size, or whatever. We have to specifically file our taxes every year; hence it's a capitation.<< You are way out in left field, inventing your own laws and definitions. Not even proponents of today's income tax system claim it to be a "capitation". A capitation is a Direct Tax, requiring apportionment, but has never been invoked. Nor is it by definition on shoe size, nor on income but on the simple existence of a person. |
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#111 |
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[quote]Originally posted by shanek
<<Er, no. Excises are specifically defined as an exchange of money for a service.<< Better tell the Supreme Court. >> Unless you're rewriting the dictionary again. But that's the common law definition that was in effect when the founders penned the Constitution.<< And, of course you have a source for this exciting piece of information? I doubt it. |
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#112 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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__________________
"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#113 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#114 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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I know how the terms have become twisted around today. I'm talking about their meaning at the time of the writing of the Constitution, which was based on English common law. |
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__________________
"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#115 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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Also on that same page, click on the link "Constitutional Issues of Taxation."
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__________________
"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#116 |
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Bufo Caminus Inedibilis
Join Date: Nov 2002
Location: Gone.
Posts: 15,739
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Enough is enough...
How about if we cut the crap and cut to the chase: There isn't any good income tax system. It is coercive, it is divisive, it is ultimately cruel. Perpetuating this assault on our individual liberties is wasteful and wrong.
Since we understand this, would someone please suggest a better way of doing things? |
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#117 |
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by Charles M. Schulz
Join Date: Aug 2001
Posts: 15,990
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Simple: Limit the Federal government to its Constitutional functions and pay for everything with the current levels of tariffs and excise taxes (which does not include Income Tax, no matter what political newspeak apologist may tell you differently).
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"James Randi is awesome!" —Ian Bernard, primary host of Free Talk Live "It really does take people like Penn & Teller or James Randi to be able to see through these deceptions, and so those are perhaps the people we should be paying the most attention to." —Harry Browne, 4/10/2004 I know there is a lesson to be learned here somewhere, but I don't know what it is. |
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#118 |
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Penultimate Amazing
Join Date: Dec 2001
Location: The White Zone
Posts: 42,556
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What's the old saying? Arguing with an idiot makes you look like a fool and the idiot (Rouser2) look like a genius?? Or something to that effect. To get an idea of what a loony this loony is, ask him this: "Rouser2, on July 20th, 1969, did United States astronauts walk on the moon"? He will refuse to answer, and accuse you of trying to change the subject. |
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If I see somebody with a gun on a plane? I'll kill him. |
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#119 |
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Muse
Join Date: Oct 2002
Posts: 829
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My favorite part is the "Get To Know Your Patriot" Project
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#120 |
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Penultimate Amazing
Join Date: Dec 2001
Location: The White Zone
Posts: 42,556
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If I see somebody with a gun on a plane? I'll kill him. |
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