Posted by
Civis on Friday, May 08, 2009 6:06:00 AM
The momentum for a state led movement to propose an Amendment to repeal the 16th Amendment (Federal income tax) is gaining steam. The theory of nullification is also being discussed more openly. Glenn Beck, with his historical perspective and passion, will bring great exposure to the tools the states have to limit and reverse the federal government's encroachments.
The idea that the states are best suited for determining the social and entitlement (medical, retirement, unemployment, etc...) needs should not be disputed between the Republicans and Democrats. However I feel the Democrats best chances for enacting their all encompassing entitlement programs is at the central level; and so many from that Party would oppose it. The state GOP parties should make a limited federal government part of its platform and have a specific goal (repeal of the 16th Amendment) as its centerpiece. This would go a long way towards inspiring those citizens that felt betrayed by the Republicans, that held both houses of the US Congress and the Presidency, increasing the size of government and giving us programs like NCLB.
Excert from Glenn Beck with Judge Andrew Napolitano
GLENN BECK: You are exactly right. So the constitutional amendment, and even if this doesn't work, because this is going to sound crazy to some people. I don't think it is. I think even if it doesn't go through, it is the push for it if there is a serious movement in the public to push for this, it threatens their very existence and they will have to move. So explain it.
JUDGE NAPOLITANO: If 2/3 of the states ask the congress to call a Constitutional Convention to consider the adoption of this amendment which I'll describe in a moment, as it gets closer and closer to the 2/3 necessary and congress would be required to call the convention, you'll see some reaction on the part of congress to attempt to placate the states that want to call this. Now, the constitutional amendment is a simple one. It simply abolishes the 16th amendment and states affirmatively that congress shall have no power to tax the personal incomes of individual persons. If that were enacted, it would starve the federal government back into the original footprint that the founders intended for it. But as it gets closer to enactment, congress will have to do something for fear that it might be enacted.
GLENN: Right. Because I think this sounds -- I mean, it sounds ridiculous. You get 2/3 of the states. Because the income tax, you can't, in Massachusetts you can't get them to say no to it and so it sounds ridiculous, but again it's a serious movement would force them to move. It doesn't even have to pass.
JUDGE NAPOLITANO: Let me tell you about another movement that's out there, Glenn, and this is something that was debated by the founders before and since the Civil War and it's called nullification. It's where a state legislature says the federal law that says ABC -- and I'll give you a few examples -- shall not be recognized in this state. Now, so far the nullification is in minor things. Arizona and Indiana have nullified the federal law on Daylight Savings Time. California, and New Jersey is about to do this, have nullified medical law on medical marijuana. Montana, this afternoon the governor of sign into law a law nullifying the federal regulation of firearms that are built, sold and used exclusively within the State of Montana.
A Joint Invitation to Return to States’ Rights
by M.J. “Manny” Steele, South Dakota Representative (Dist. 12)