Share:

Income Taxes Are Illegal

Congress is illegally using excises to tax income.

The power to directly tax with an indirect tax is unconstitutional. Hylton vs U.S. (1796) granted Congress the power to directly tax with an indirect tax, and by default, this also granted Congress the inherent ability to force us to buy a product, i.e., compel commerce, with a sales tax. Amazingly, Congress never realized that the healthcare law could have also mandated the purchase of health by only directly taxing us with an excise on the purchase of health insurance. Congress could have simply mandated that we pay a general excise on the purchase of health insurance, and this would have mandated the purchase. Unfortunately for Congress, the healthcare ruling decided that Congress can't compel commerce, and this means that Congress doesn't have the power to directly tax with an excise. The Commerce Clause denies Congress the power to directly tax with an excise, and as a consequence, Congress can't directly tax income with an excise. The Supreme Court has finally ruled that the progressive income tax is unconstitutional. You should know that a direct tax is classically defined as a tax that can't be shifted, i.e., the payment is only between you and the government. Any tax that is apportioned is an direct tax under the Constitution. Any tax that is not apportioned is an indirect tax, and these include general taxes, duties, imposts

and excises. An indirect tax is classically defined as a tax that can be shifted to another party, and the sales tax is the most natural excise and indirect tax. Brushaber vs Union Pacific (1916) ruled that income taxes are excises used to directly tax wages, salaries and commissions, and thus, Hylton and Brushaber affirmed that Congress had the power to directly tax with an excise. This taxing power belonged to the sales tax long before it belonged to the income tax, and in fact, Hylton allowed Congress to use the first excise imposed on whiskey (1791) to force Americans to buy whiskey. The healthcare ruling permanently eliminated this taxing power, and sooner or later, the Federal Courts will force Congress to acknowledge this fact.