Both the FairTax and an income tax?? Repeal the 16th amendment first??
Repeal of the 16th Amendment is an extremely big issue. Two of the largest self-proclaimed think tanks, The Heritage Foundation (THF) and CATO list that as one of their biggest, if not THE biggest, issue. Thanks to Dan Mitchell who planted that seed at both the THF and CATO. It has been taken up by Rush Limbaugh, Sean Hannity and Laura Ingraham who broadcasted that comment. In fact, Herman Cain’s recent misstatement—that the 16th Amendment needs to be repealed before we can have the FairTax—may have come as a result of Cain being bombarded by Rush, Hannity, Ingraham, THF, and CATO, with that indoctrination.
The following post is a rebuttal, written by the Texas FairTax State Director to counter the above argument.
Since this argument has the biggest disagreements, it requires the longest answer, so:
Facts to the contrary:
- The FairTax bill, HR 25, has a provision which repeals Sections A, B, and C of the IRS code (ie., all federal income taxes, alternative minimum tax, estate, gift, generation skipping tax, federal corporate income tax, and all payroll taxes and unemployment taxes). The voter would not support HR 25/S 13 if repealing Sections A, B, and C was not a part of the FairTax bill.
- HJR 16, a resolution proposing an amendment to the constitution to repeal the 16th amendment to the Constitution is awaiting passage at the same time the FairTax bill passes.
- Public support to repeal the 16th amendment before a tax replacement is announced, will not happen because the public would not know what to expect.
- Repealing the 16th amendment before a replacement is enacted would kill any reform. That wouldn’t sail past Congress.
- Repealing the 16th amendment after the FairTax passes (although 2/3 vote is required in the House and Senate with ¾ of the states ratifying) is easily conceivable when taxpayers enjoy a full paycheck, no business taxes, a robust economy, and economic growth.
- Difficult to pass any amendment?? Really?? Impossible?? The same was said about women’s suffrage, the Berlin wall. Specific amendments passed: A-18 for prohibition; A-21 repealed A-18; A-17 for direct election of Senators; A-22, 2 terms for Presidents; A-26, 18 year olds could vote; all impossible, right??
Finally, it will require each taxpayer’s vigilance to assure they speak up when anyone hears there is possible legislation to have an income (or other tax) pass while we have the FairTax. There is also presently no statutory or constitutional provision to prevent a sales tax on top of our present income tax. Why doesn’t a congressman try to pass one? Hint: political suicide. The $22 million market research confirmed that people will not want an income tax with the FairTax. What does the taxpayer like? Have you heard any taxpayers prefer the income tax or flat tax when they know all the facts about the FairTax?
Past comments were that Congress has enacted our income tax 3 times before, and it stuck. One new difference. There was no other tax plan offered to replace the income tax in the past. There is now…..the FairTax.
Marvin Kuhn, State Director, Volunteer
Americans for Fair Taxation