kyounge1956
Thinks s/he gets paid by the post
- Joined
- Sep 11, 2008
- Messages
- 2,171
I'm not following your line of thought. If Congress imposes a sales tax or VAT, and the same rate charged nationwide, how does that violate Section 8?The Federal government does not have the Constitutional authority to levy a sales tax (or VAT, which is a form of sales tax).
Sec 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, ... all Duties, Imposts and Excises shall be uniform throughout the United States;
I will leave it to the resident lawyers to tell us whether a sales tax or VAT is a direct tax or indirect, and content myself with pointing out that your quote from Section 9 is incomplete and gives the impression that there is a blanket prohibition on direct taxes. Actually, Section 9 says "No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken." It restricts Congress' power to impose direct taxes, but does not forbid them altogether.Sec 9: No capitation, or other direct, Tax shall be laid...
True—there's nothing either pro or con.Modified by 16th amendment: The Congress shall have power to lay and collect taxes on incomes...
Nothing there about taxes on anything besides income.