State of Our Union: Fiscal Cliff Bill Passes Congress for Obama’s Signature – and Income Tax Still in Effect



This time of the year, everyone is concerned with taxation and the complicated process of filing year-end income tax with hopes of a refund in the early part of the New Year. I would rather make money without government taking whatever portion they decide and have NO refunds because there would be NO deductibles. Part of the difficulty of getting rid of income tax is that people have made it their form of income to make money from taxpayers’ misery.

One of the major issues of the American Declaration of Independence from British rule was taxation. It was the reason for the Boston Tea Party, which today an organized entity names itself, the Tea Party; because of those elected to office are not following constitutional protocol in matters of legislature, regulations, and judiciary decisions.

Due to the phenomenon created by the political element of our government called Fiscal Cliff, we are approaching economic ruin with runaway spending and national debt with the answer of increased taxation in both quantity and types of taxation, the latter enacted because of the unconstitutional Obamacare legislation passed by the US Congress and signed by President BH Obama. Worse, it was sanctified by the Supreme Court that never considered that the federal government was not authorized such power in accordance to the articles of the Constitution of the United States. The court of justices only considered a portion of Obamacare presented as a fine for not complying with government mandated health care issues. I will get into that area later in this essay.
Those that operate OUR government have chosen, over the last three decades, to imitate and use foreign nations and their constitutions as role models for operating our nation’s government. Yet those very nations are now in turmoil over its weakened economy and social conflicts that the United States is experiencing the same problems because those that operate our government have not used our constitution as a guideline and too many voters have not protected our constitution in order to preserve right, liberties, and enactment of government tyranny. For example, Portugal’s president asked the Constitutional Court to rule on whether a recent massive tax hike should be included in the 2013 budget.
The politicians are presently bickering and pointing fingers in the wrong direction over what has been called the Fiscal Cliff, suddenly rushing to face something they should have faced much earlier and with more time to logically discuss what should be done. Instead of fulfilling their obligation that is part of the reason why Congress receives a salary, they have balked for various reasons in establishing a budget that will gradually reduce the US national debt down to workable figures. Raising taxes is not the solution – it is has been done before that included creating new taxation, which I call creative taxation, in which the average American does not realize how much of his or her hard-earned money goes to government during the course of a year. It is, like modern politics, a shell game. The power and prestige of political entities I call “clubs” has become more important than what is good for the nation and its people, a shell game that should be unacceptable to all, as well as identified and pointed out by the media that should be working for the people, not politicians. The main theme of modern politicians is “fairness” – but in reality there is nothing “fair” about much of what they do or legislate.
The biggest mistake of the American people and those politicians that advocated adding an amendment to the Constitution concerning taxation was the 16th Amendment ratified one hundred years ago in 1913. It was a simply written amendment that authorized government to collect taxes directly from money the People earned …

The Congress shall have power to lay and collect taxes on incomes, from whatever sources derived, without apportionment among the several States, and without regard to any census or enumeration.

 
That amendment must either be repealed and replaced with a consumption flat tax, as stated in the Fair Tax Act bill that has languished in Congress since 2002, or limit the federal government, the state, and local governments in a more explanatory amendment and one that actually is fair to the American people, all the American people.
Along with following the lead of European nations and their constitutions, Americans have allowed politicians elected to operate OUR government to slowly introduce an alternative to the constitutional republic established by the founders who created that document and our nation’s government allegedly For the People and By the People. If a government, those that are operating it, go against what the People want and/or the Constitution, than it is a government that is without representation. Through the phenomenon of lobbying, originally meant for united citizens to establish an organized entity to lobby government in regards to various issues, has become a tool for big money donation to politicians who in turn pay them back through legislation and regulations that benefit that particular lobbying entity. The same political party that constantly points to corrupt corporations and big business entities as infiltrators and behind-the-scene operators of our government are performing the same acts they claim the political entity on the other side is doing. In reality, they are ALL doing it at one level or another.
If they want Hispanic votes, they turn their heads to immigration enforcement and contrive to endanger national security and other factors by providing amnesty measures to people that broke our national laws more lenient than the nations the illegal immigrants come from. Anyone against illegal immigration and foreign nationals disobeying our laws are pegged as racist, despite racially organized organizations with intent to subvert through declaration that portions of the United States belong to Mexico and its people.
Organized religious entities with a doctrine of subversion and intolerance are allowed to organize as strong financed organizations that use that influence and money to subjugate and enact subversive activities within OUR government, all the while using American religious tolerance against the hallmarks of the constitutional republic and at the same moment declaring intolerance to any religion except their own. More specifically, and named among several: the Muslim Brotherhood (CAIR) is financed and supported by such organizations) with a long history of violence and intent of conquest now projected globally as during the Crusade period of human history.
As you can see, the problems of the United States cover many issues that have accumulated over the decades and are approaching a climax soon. That climax will surprise and astonish over 62 million Americans who vote irresponsibly. The so-called Fiscal Cliff may usher that climax into being. The person who may accelerate this assault against the constitutional republic of the United States has just been reelected by over 62 million American voters, sixty million too many. The guilty are the ones are those who quickly point fingers away from the foundation of problems.
Those that oppose the concept of the Tea Party movement, one pundit, Peter Lawler, wrote in an article entitled Republican Fantasies, the Constitution, and Other Stuff

The Tea Partiers–like too many Republicans–have big problems with the income tax as such. They, despite the 16th Amendment and all, really think that it’s unconstitutional to tax production, as opposed to consumption. That’s why they’re so hostile to anyone who votes for any kind of INCOME tax increase. The Tea Partiers really believed Romney would win and the revolution against the unconstitutional welfare state as such would continue. … They’re impatient with the idea of entitlement REFORM–mending, not ending, the key features of our minimalist safety net–because they think we live in REVOLUTIONARY times with high constitutional significance. In the same way, they can’t see why the Republicans in Congress should compromise with the president even now. That’s compromising with evil-doing progressivism. … Of course, the true Tea Partier wants all the safety net abolished on behalf of a new birth of constitutional freedom. …

This is just one example of the negative light placed upon the concept of the Tea Party movement thanks to media bias. Their only fault was allowing the GOP establishment to put themselves seemingly on their side, making it look more political than the established people’s movement, and then throwing the Tea Partiers under the bus when Obama gets reelected. The GOP establishment then blames the Tea Party movement for the poor choices made in primary and national election candidates when it comes to fiscal responsibility of Congress via Boehner and friends. 
The media either ignored or made Ron Paul look foolish, the only Republican who truly stands for a constitutional government based upon the constitutional republic created by the founders of the United States. As he heads towards final retirement from government office, Ron Paul made a last effort plea to Congress and the American people in his farewell address; as well as his New Year message to Congress. Will enough politicians and people listen? Do not hold your breath.
Politicians complain that the wealthy do not pay enough, they complain about their deductions, even though it is in compliance of a complicated income tax code; yet still in terms of dollars, the wealthy pay more taxes. Those complaints by the crafty politicians intending to use emotion instead of logic, and over 62 million Americans still do not get it, would all be moot if the income tax was dissolved. 
The income tax is a direct tax, while a consumption tax is not. Taxpayers are authorized certain deductions, which may reduce the rate of taxation taken directly from payroll or forced quarterly payments for those who are self-employed. It is unethical for any individual, any entity, or especially a government’s operatives to take whatever amount they deem fit out of money earned from the people’s labor to do with whatever or whichever way they please. Meanwhile, the socialist scheme of income and wealth redistribution continues under a tax system that is complicated (intended to be), unfair, intrusive, and pointed toward a smaller portion of the United States population. 
Progressive taxation has never worked, it is not working, and we can see how it does not work by examining European nations who exercise it. Yet, the United States federal (and too many state governments) copies this form of tyrannical tax system that is designed as a tool of a self-promoting government who increasingly encroaches upon rights and liberties with promise of unrealistic benefits in return. Taxation is for funding a government’s operation cost, not for social engineering, political manipulation, or punishing a certain sector of society. To punish the most productive asset of society is lunacy. To raise taxes without any intention of curbing spending or establishing a meaningful and ethical budget is what ends up destroying nations.
The 112th Congress is enacting the above-mentioned actions with the help of an executive branch headed by a president who abuses and expands the authority of the United States against constitutional law. One political entity may be guiltier than the other political entity – but both traditional political parties of the United States are to blame.
The US Congress needs to sit down, discuss with leading economic experts and credible think tanks, and work out a solution to the tax code system. A quick fix would be to enact a flat income tax with no deductions, reducing the need for paperwork; however, the oppression of the unconstitutional government agency called the IRS will remain with too much power, and the people will be victims of government theft of one’s earned income. The Fair Tax Act (HR 25) has languished in Congress for too long, and that committee with the economic experts should sit down and examine the logical alternative to taxing income – the consumption tax. Progressive tax will not be necessary because the more one makes in income, the more one spends; a natural law, so to speak. The Fiscal Cliff bill [AP released today] just passed in Congress will not address the problem with the tax system or curb overspending, that includes unconstitutional expenditure of taxpayer dollars to foreign national peoples. 
 
The Death tax remains despite it being a tax that taxes upon property that has already been taxed during the life of the person who leaves it to a beneficiary or beneficiaries. It is a 40% rate upon $5 million individual estates and $10 million for family estates, raised to prevent farms and ranches to fall under the despicable tax. Even in death, the government gouges its citizens. The alternative minimum tax still exists, despite proof it is not ethical or constitutional. Taxed money used in investments regarding capital gains and dividends are still taxed and is increased for individuals with incomes over $400,000 from 15% to 20%.
In the Declaration of Independence one of the complaints against the King of England and British government was:

For imposing taxes on us without our Consent.

 
The subject of taxation and tax reform was extensively debated by the Founders of the United States, and its fundamental principles are as valid today as it ever was.
James G. Blaine wrote Twenty Years of Congress in 1884 (p. 185):

in a certain sense a second Declaration of Independence; and by a coincidence which could not have been more striking or more significant, it was approved by President Washington on the fourth day of July, 1789.

 
James Madison, in a discussion concerning the aforementioned act, stated:

a national revenue must be obtained; but the system must be such a one, that, while it secures the object of revenue it shall not be oppressive to our constituents.

 
The Act imposed taxes on goods, wares, and merchandise, imported into the United States – and no internal (domestic) tax was raised. The Founders frowned upon internal taxation. However, because of a myriad of government social programs included into the powers of government, an internal tax system has to be established. This does not include programs like Social Security and Medicare because both are paid for by all citizens from their earned wages and salaries, or self-employed income.
Thomas Jeffersonstated in his Second Annual Message in 1802:

In the department of finance it is with pleasure I inform you that the receipts of external duties for the last twelve months have exceeded those of any former year, and that the ratio of increase has been also greater than usual. This has enabled us to answer all the regular exigencies of government, to pay from the treasury in one year upward of eight million dollars, principal and interest, of the public debt, exclusive of upward of one million paid by the sale of bank stock, and making in the whole a reduction of nearly five millions and a half of principal; and to have now in the treasury four millions and a half of dollars, which are in a course of application to a further discharge of debt and current demands.

 
Thomas Jefferson in his Second Inaugural Address in 1805, stated:

At home, fellow citizens, you best know whether we have done well or ill. The suppression of unnecessary offices, of useless establishments and expenses, enabled us to discontinue our internal taxes. These covering our land with officers, and opening our doors to their intrusions, had already begun that process of domiciliary vexation, which, once entered, is scarcely to be restrained from reaching successively every article of produce and property. … The remaining revenue on the consumption of foreign articles, is paid cheerfully by those who can afford to add foreign luxuries to domestic comforts, being collected on our seaboards and frontiers only, and incorporated with the transactions of our mercantile citizens, it may be the pleasure and pride of an American to ask, what farmer, what mechanic, what laborer, ever sees a tax-gatherer of the United States?

 
In regards to a national sales tax versus the present income tax system, some believe it would be an unnecessary burden upon American consumers. As USA Founding Fathers wrote in 2006:

Although the national sales tax proposals appear to be somewhat fairer than existing taxation, each would do ill to our nation as they are all based upon internal taxation, which would ultimately increases the cost of goods manufactured on American soil; burden the American Citizen in its collection; and, are to be paid by the “farmer, mechanic, laborer”, etc., who will continue to see the intrusion of the “tax-gatherer of the United States” if such a system is adopted!

 
This is because of the worry about the other forms of taxes and those imposed by states adding to the flat tax rate proposed by the Fair Tax Act bill. However, since 2006, those issues were addressed within the drafted Fair Tax Act and it would behoove Congress to enact a thorough examination with required corrections in order for the proposed tax system to work more efficiently and fairly than the present one.
The USA Founding Fathers site recommended:

In view of the undesirable effects of an internal national sales tax, perhaps it is wise to further study the Founder’s plan and learn how imposts and duties (external taxation) were successfully used to fill the national treasury, encourage domestic manufacturing and assist in building a strong industrial base. … Yes, there was a day when our national treasury was gladly filled by foreigners paying for the opportunity to do business on American soil. But this was when members of Congress, and those running for Office, put American interests first and would have considered the NAFTA, GATT and the WTO as acts of sedition, and would have tarred and feathered those participating in the surrender of America’s sovereignty.
An across the board national sales tax would unquestionably increase the cost of production on American soil, as previously pointed out. To avoid this, and other unwanted effects of an across the board national sales tax, common sense dictates we must exclude from the list of taxable items, tools of production, supplies necessary to conduct business, services needed to sustain business, and the necessities of life (food, shelter, clothing, medical expenses) i.e. all those items which makes labor possible must also be excluded. In simple language, a consumption tax plan ought to be limited to articles of luxury, and each article must be individually selected by Congress and the appropriate amount of tax must be determined for each specific item chose, just as was done in the first revenue Act of our country!By limiting the tax to articles of luxury, and requiring each article to be specifically chosen and the appropriate amount of tax determined by Congress, a self-regulating check and balance is imposed upon Congress. If Congress does its job properly and the nation as a whole is productive and prosperous, the purchase of articles of luxury will undoubtedly increase, and with it, the flow of revenue into the common treasury! But, if Congress’ policies become burdensome and its regulatory requirements upon business, industry and our nation’s labor force inhibit a hearty economy, or any particular article is excessively taxed, the first sign would be in a decline in the flow of revenue into the national treasury!
Thus, the free market place determines the limit of taxation under theFounder’s internal consumption tax plan, and it establishes a self regulating gauge beyond the reach of Congress’ manipulation!

Alexander Hamilton, the first Secretary of the Treasury of the United States stated:

may be compared to a fluid, which will in time find its level
with the means of paying them. The amount to be contributed by each citizen will in a degree be by his own option, and can beregulated by an attention to his own resources. The rich may be extravagant, the poor can be frugal; and private oppression may always be avoided by judicious selection of objects proper forsuch impositions … It is a signal advantage of taxes on articles of consumption that they contain in their own nature a security against excess. They prescribe their own limit, which can not beexceeded without defeating the end proposed that is, an extension of the revenue. [Federalist Papers, No. 21]

 
The matter concerning national debt is addressed in seven of the ratified documents presented in drafting the US Constitution. …

The Sixteenth Amendment to the United States Constitution did not repeal or alter Congress’ power, or obligation, to impose the emergency direct tax should a deficit arise. The power of Congress to impose a direct tax still exists, and direct taxes are still required to be apportioned among the states, as pointed out by the United States Supreme Court. 

[see Stanton v. Baltic Mining Co., 240 U.S. 103, 103, (1916; Eisner v. Macomber, 252 U.S. 189 (1920); and, Bromely v. McCaughn, 280 U.S. 124 (1929). Also see Congressional Research Service Report No. 84-168 A 784/275, which was updated September 26, 1984 and Tenth Amendment Center]
 
As the USA Founding Fathers wrote:

Picture, for a moment, the expression on the faces of the Governor of New York and the New York State Legislature, if New York should receive a bill for its apportioned share [31/435] of the 1995 federal deficit. This threat would create a compelling incentive for the Governor of each state, and the various state legislatures, to keep a jealous eye on the spending habits of their Congressional Delegation . . . it would require the fiscal accountability which the state governments once demanded from their Senate and House Members! In addition, because each state’s share of the tax burden is determined by a fixed rule, similar to that which determines the House membership size of each state, a barrier is erected preventing the kind of mischief which Congress now practices, i.e., discriminatory tax legislation; pork-barrel favoritism; special interest lobbying, etc.

Democracy, in general terms and its pitfalls (pure democracy or democratic socialism), frowned upon by the Founders, was the reason for establishing a constitutional republic in which federal powers are limited and that which is not stated in the constitution falls to the delegated authority of state governments. 
James Madison pointed this out in No. 10of the Federalist Papers:

have ever been spectacles of turbulence and contention; have
ever been found incompatible with personal security or the rightsof property; and have in general been as short in their lives asthey have been violent in their deaths.

The Founding Fathers, in their combined wisdom, formed a Constitutional Republic to avoid the disastrous consequences of democracy, which had been enacted in the history of human civilization.
The biggest problem concerning a myriad of issues that are prevalent today fall upon the fact that We the People have lost knowledge of the original intent and wisdom of those who framed and ratified our Constitution. We the People (over 62 million) have failed to ensure that members of Congress, the President of the United States, abide by their oaths of office:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. [So help me God].

Most of the present US Congress and the Supreme Court justices could be impeached for not adhering to the oath transcribed above, and especially the President of the United States, whose oath reads [Article 2, Section 1, and Clause 8 of the Constitution of the United States]:

I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

 
Enuff said, for now …