Publius-Huldah's Blog

Understanding the Constitution

Men Who Are Working Together to Destroy the US Constitution

conspirators to destroy constitution

In the photos are: The Kochs, Kissinger, Soros, Lessig, Norquist, Meckler, Levin, Farris.  They want our US Constitution changed!

I recognize aspects of Fabian socialism in the leaders of the so-called “convention of states” project and in the “Compact for America” gang.

Socialists fall into basically two camps: The Fabians [the intellectual elite should run everything] and the Syndicalists [the workers should run everything].

Fabian socialists took over America 100 years ago – the Progressives of the early 1900s were Fabians; and both major political parties ever since have been controlled by Fabians. Fabians hold the view that the masses are so stupid that they need to be steered, directed, managed, and controlled by the “intellectual” elite – by means of laws and regulations and government controls (including population control).

We KNOW, from Mark Levin’s “liberty amendments” and from Michael Farris’ “parental rights” amendment, that they want an all-powerful central government which controls every aspect of our lives. We KNOW, from Nick Dranias’ version of a “balanced budget” amendment, that he wants Congress to have the power to impose a NATIONAL SALES TAX and a NATIONAL VALUE ADDED TAX – in addition to the income tax.

Americans! You better start looking at the “fruits” of these people instead of what they tell you. They tell you what you want to hear. Meanwhile, as the texts of their proposed amendments show, they plan to enslave you and reduce you to poverty.

Use your own heads! If you continue to go by what these people tell you – instead of going by the texts of the Amendments they propose – then you will have proved that Americans really are so stupid that they deserve to be controlled by the “elite”.  Open your eyes! God gave YOU a brain – why do YOU refuse to use the Gift God gave you?

Read about Mark Levin’s phony “liberty amendments”.

Read about Michael Farris’ despicable “parental rights” amendment which delegates control over families to the federal government. HERE is the text of his proposed amendment.

Read about Compact for America’s (Nick Dranias’) version of a “balanced budget” amendment which delegates to Congress power to impose a national sales tax and a national value added tax (VAT) in addition to keeping the income tax.

Time is running out.  You better open your eyes now.
Nov. 9, 2015

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November 9, 2015 Posted by | Amendments: Parental Rights Amendment, Fabian socialism, Mark Levin, Michael Farris, Nick Dranias, Parental Rights Amendment, The Liberty Amendments | , , , , , , | 21 Comments

The Plot to Impose a National Sales Tax or Value Added Tax

By Publius Huldah

A devilish plot is afoot to impose new national taxes on the American People. It is a masterful piece of trickery because the authorization for the new national taxes is buried within Compact for America’s version of a balanced budget amendment to the US Constitution.

Furthermore, the balanced budget amendment does nothing to control federal spending; and transforms our Constitution from one of limited and defined powers to one of general and unlimited powers. 1

Yet this monstrosity is pending in Michigan as SB 306 2 and in North Carolina as HB 366. 3 Legislators in four States, Alaska, Georgia, Mississippi and North Dakota, have already passed it.

Let’s look at Sections 1-6 of Compact for America’s balanced budget amendment:

It does Nothing to Control Federal Spending

Section 1 allows Congress to spend as much as they take from us in taxes and add to the national debt. That’s a good idea?

Sections 2 and 3 permit Congress to raise the debt whenever 26 States agree.  States are addicted to federal funds. Will 25 States agree not to take more federal funds?

Section 4 is a joke:  Who believes Congress will impeach a President for refusing to “impound” an appropriation made by Congress? Congress won’t even impeach a President for Treason.

How Authorization for the New Taxes is Hidden

Section 5 says:

“No bill that provides for a new or increased general revenue tax shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress….” [italics mine]

What is a “general revenue tax”? Section 6 defines it:

“…’general revenue tax’ means any income tax, sales tax, or value-added tax levied by the government of the United States…” [italics mine]

Now go back to Section 5 and substitute the definition of “general revenue tax” for that term:

“No bill that provides for a new or increased income tax, sales tax, or value-added tax levied by the government of the United States shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress….”

There it is: All that’s needed is approval of two-thirds of the members of each House and a new national sales tax and/or value added tax is imposed on us. And they can increase it, along with increasing the income tax, whenever they get two-thirds of the members to vote for it.

Section 5 also permits Congress to make laws to impose a new “end user sales tax” 4 which would replace the income tax – this “end user sales tax” is passed by a simple majority of both houses.

So! Compact for America’s balanced budget amendment provides two options to Congress:

· Two-thirds of the members of both Houses can impose a new sales tax and/or value-added tax in addition to the income tax; or

· A simple majority of both Houses can impose “a new end user sales tax” which replaces the income tax.

Which option will Congress choose?

Our Constitution Doesn’t Now Authorize a National Sales Tax or Value-added Tax

Article I, §8, clause 1 says:

“The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises…”

Principles of Compact for America say this clause already authorizes a national sales tax or value added tax. Board Vice-President Chip DeMoss said on Feb. 12, 2014:

“a national sales tax would be an “impost” (defined as a tax or similar compulsory payment) that is authorized under Article I, Section 8, Clause 1…” [see comments and scroll down after comment 19 till you see Chip DeMoss’ name].

We may not properly use DeMoss’ redefinition of “impost”!

We must use the definition of “impost” our Framers used: The Federalist Papers say an “impost” is a tax or duty on imports. Type imposts in the search box [at the link] and the Papers discussing imposts will come up. See for yourself that an “impost” is a tax or duty on imports.

Webster’s 1828 Dictionary defines “impost” as:

“…Any tax or tribute imposed by authority; particularly, a duty or tax laid by government on goods imported, and paid or secured by the importer at the time of importation. Imposts are also called customs.”

Do you see?

National sales taxes and value-added taxes are also not “excise” taxes. Excise taxes are a tax on a unit of goods – such as the infamous whiskey excise tax of 1791 which led to the Whiskey Rebellion. 5 It imposed a flat tax per gallon. The tax was payable for domestic whiskey at the distillery (§17 of the Act) and the casks were numbered and marked to show the tax had been paid (§19 of the Act).

“Taxes” at Art. I, §8, clause 1 refers to the apportioned direct tax provided for at Art. I, §2, clause 3 of our Constitution.

Our Framers were specific about the kinds of taxes Congress is permitted to impose. Congress does not have the power to impose any kind of tax it wants. Our Framers limited Congress’ taxing power to:

· the apportioned direct taxes at Art. I, §2, clause 3;

· the duties or imposts on imports at Art. I, §8, clause 1; and

· the excises at Art. I, §8, clause 1.

A sales tax is none of the above. A sales tax is a percentage of the retail price of goods. A value-added tax is a “turbo-charged national sales tax on goods and services that is applied at each stage of production, not merely on retail transactions” and raises a “gusher of revenue for spendthrift governments worldwide”.

We have never had a national sales tax or value added tax in this Country. Why? Because they are not authorized by the Constitution.

We were manipulated into supporting the 16th Amendment. We were told the income tax would “soak the rich” – and the envious drooled at the prospect.

And so again today, statists are seeking to trick us into supporting a national sales tax or a value added tax: first, by concealing it within the verbiage of the bill; 6 and then, once the trickery was exposed, by claiming the Constitution already authorizes these new types of taxes.

There is a Better Way: Downsize the Federal Government!

Our Constitution limits federal spending to the enumerated powers. The list of objects on which Congress may lawfully spend money is a short list. See the list HERE.

Most of what the federal government does today is unconstitutional as outside the scope of the powers delegated by the Constitution. Let’s cut federal spending by downsizing the federal government to its enumerated powers and constitutional limits.

Endnotes:

1 Congress’ spending is limited by the enumerated powers: If an object is on the list of enumerated powers (e.g., the patent & copyright office authorized by Art. I, §8, cl. 8), Congress may lawfully spend money on it. That’s how our Constitution already controls federal spending.

All versions of a balanced budget amendment change the constitutional standard for spending FROM whether an object is on the list of enumerated powers TO a limit on total spending where Congress may spend money on whatever they or the President put in the budget. This is what transforms our Constitution FROM one of enumerated powers only TO one of general and unlimited powers. And that is the true purpose of a balanced budget amendment. It has nothing to do with limiting federal spending – the pretended spending limits are fictitious since they may be waived whenever the feds [and 26 of the States] want to waive them.

2 Leon Drolet’s article of July 10, 2015, and Sam Easter’s article of July 8, 2015, about SB 306 pending in Michigan don’t mention the new national taxes.

3 Matthew Burns’ article about the hearing on HB 366 before N. Carolina’s House Judiciary Committee (which passed HB 366) doesn’t mention the new national taxes. Burns quotes the Bill’s sponsor, Rep. Chris Millis, as saying the problem is “Washington is unwilling or unable to limit itself.” So the solution is to massively increase Congress’ taxing powers?

4 “End user sales tax” is not defined in the balanced budget amendment.

5 Apparently, the practice of tarring & feathering “revenuers” began with the Whiskey Excise Tax.

6 The trickery was exposed over a year ago HERE. Since then, Compact for America has claimed the Constitution already authorizes the new taxes. Are we too gullible to be free? PH

August 26, 2015

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August 26, 2015 Posted by | Amendments to the Constitution, Balanced Budget Amendment, Chip DeMoss, Compact for America, enumerated powers | , , , , , , , , , , , , , , , , , | 31 Comments

Balancing the Budget? Or Adding A National Sales Tax To The Income Tax?

By Publius Huldah

The stated purpose of Compact for America, Inc. is to get a balanced budget amendment (BBA) ratified.  Here is their proposed BBA.  State Legislators recently introduced it in Arizona. 1

The gap between what this BBA pretends to do – and what it actually does – is enormous. It has nothing to do with “balancing the budget” – it is about slipping in a new national sales tax or value-added tax in addition to the existing federal income tax.

We have become so shallow that we look no further than a name – if it sounds good, we are all for it.  We hear, “balanced budget amendment”, and think, “I have to balance my budget; they should have to balance theirs.”  So we don’t read the amendment, we just assume they will have to balance theirs the same way we balance ours – by cutting spending.

But that is not what the BBA does.  In effect, it redefines “balancing the budget” to mean spending no more than your income plus the additional debt you incur to finance your spending.  To illustrate:  If your income is $100,000 a year; but you spend $175,000 a year, you “balance” your budget by borrowing the additional $75,000.  See?

Under the BBA, Congress may continue to spend whatever it likes and incur as much new debt as it pleases – as long as 26 States agree.  And since the States have become major consumers of federal funding, who doubts that they can’t continue to be bought?  Federal grants make up almost 35% of the States’ annual budgets!  The States are addicted to federal funds – who thinks they won’t agree to get more money?

The BBA enshrines Debt as a permanent feature of our Country; gives it constitutional approval; does nothing to reduce spending or “balance the budget”; authorizes a new national tax; and wipes out the “enumerated powers” limitation on the federal government.

Let’s look at the BBA, section by section, using plain and honest English.  And then let’s look at how our Framers wrote our Constitution to strictly control federal spending.

Compact for America’s BBA

Section 1 says the federal government may not spend more than they take from you in taxes or add to the national debt. [Yes, you read that right.]

Section 2 accepts debt as a permanent feature of our Country – the “Authorized Debt”. This is the maximum amount of debt the federal government may incur at any given point in time.

  • Initially, when the Amendment is ratified, the “authorized debt” may not be more than 105% of the then existing national debt.  So!  If the national debt is $20 trillion when the Amendment is ratified, the federal government may not initially add more than 105% of    $20 trillion [or $1 trillion] to the national debt.
  • After that initial addition to the national debt, the “authorized debt” may not be increased unless it is approved by State Legislatures as provided in Section 3.

Section 3 says whenever Congress wants, it may increase the national debt if 26 of the State Legislatures agree.  [Yes, you read that right.]

Section 4 says whenever the national debt exceeds 98% of “the debt limit set by Section 2”, the President shall “impound” sufficient expenditures so that the national debt won’t exceed the “authorized debt”.  And if the President doesn’t do this, Congress may impeach him!

This is a hoot, Folks!  I’ll show you:

  •  No debt limit is set by Section 2!  The national debt can be increased at any time if Congress gets 26 State Legislatures to agree.  Can 26 States be bought?
  •  Section 6 defines “impoundment” as “a proposal not to spend all or part of a sum of money appropriated by Congress”.  Who believes Congress will impeach the President 2 for failing to “impound” an appropriation made by Congress?

Section 5 says any new or increased federal “general revenue tax” must be approved by 2/3 of the members of both houses of Congress.

Now pay attention, because this is a monstrous trick to be played on you:  Section 6 defines “general revenue tax” as “any income tax, sales tax, or value-added tax” levied by the federal government.

And when you read the first sentence of Section 5 with the definition of “general revenue taxin place of “general revenue tax”, you see that it says:

“No bill that provides for a new or increased income tax, sales tax, or value-added tax shall become law unless approved by a two-thirds roll call vote…” 

 Do you see?  This permits Congress to impose a national sales tax or value added tax in addition to the income tax, 3 if 2/3 of both houses agree.  [Yes, you read that right.]

But the trickery of the drafters of this evil piece of work is even worse.  Section 5 also says that any bill for a new sales tax which would replace the federal income tax need only be approved by a simple majority of the members of both houses.

This makes most readers believe that the income tax would be replaced by a sales tax.

But the Amendment does not require Congress to introduce a sales tax to replace the income tax. [Remember, that sales tax requires only a simple majority to get passed.]

Whereas it authorizes Congress to impose a sales tax or value-added tax in addition to the income tax[This sales tax requires a 2/3 majority to get passed.]

Do you see? Are they tricky or what!

And which option will Congress choose?

Section 6 sets forth the definitions for the amendment.  As you see, you must always read the definitions and apply them to the text.

Section 7 says the Amendment is “self-enforcing”.  Rubbish!  No Constitution or amendment is “self-enforcing”.  There is only one way to enforce our Constitution:  WE THE PEOPLE, who are “the natural guardians of the Constitution” (Federalist No. 16, next to last para), enforce it by learning it and by throwing out politicians who ignore it. And we must always be on guard against the wolves who seek to destroy it.

Nick Dranias, on the Board of Directors for the Compact for America , is a constitutional lawyer.  History professor, Kevin R. C. Gutzman, on the Advisory Council, is a lawyer. Other prominent lawyers and a 5th Circuit Court Judge, are on the Council. They all know what their BBA really does.  For a chilling disclosure of who some of these people are on the Council, see investigative journalist Kelleigh Nelson’s paper on News With Views.

How Does Our Constitution Control Federal Spending?

Our Constitution lists – itemizes – every power WE THE PEOPLE delegated to the federal government when we ratified the Constitution.  These are the “enumerated powers”.  Article I, §8 lists most of the powers delegated to Congress for the Country at large: 4

  • immigration office (Art. I, §8, cl.4)
  • mint (Art. I, §8, cl. 5)
  • a few criminal laws (e.g., Art. I, §8, cl. 6)
  • post offices & post roads (Art. I, §8, cl. 7)
  • patent & copyright office (Art. I, §8, cl. 8)
  • federal courts (Art. I, §8, cl. 9)
  • military and citizen militia (Art. I, §8, cls. 11-16)

Various other Articles, sections, and clauses list additional objects of Congress’ spending, such as payment of the salaries of persons on the civil list (Art. I, §6, cl.1; Art. II, §1, next to last clause; and Art. III, §1).

Do you get the idea?  The Constitution lists what Congress is permitted to spend money on. Its spending is limited to the enumerated powers, and the salaries of those on the civil list.  If you will go thru our Constitution and highlight every power delegated to Congress and the President, you will see ALL the objects on which Congress has constitutional authority to appropriate funds.  THAT is ALL – ALL – they may lawfully spend money on.

We have a debt of $17+ trillion (plus unfunded liabilities) because WE ignored our Constitution for 100 years; and Congress spent money on objects outside the scope of the enumerated powers.

This one page chart depicts the Constitution We established, and most of what Congress may lawfully spend money on.  Is it not a thing of beauty?  Do you want it back?  Then Restore it!

Understand this:  All versions of a BBA eliminate the enumerated powers limitations on the federal government.  Under all versions, the Constitution is “fundamentally changed” to permit the federal government to do anything they want and to spend money on anything they please.

Amendments are a tricky business.  And tricksters abound in our Land.

Endnotes:

 1 Compact for America is also trying to use the “compact of the states” provision & is calling for an Art. V convention.  Red Flag, Folks!  But for now, let’s look just at their dishonest BBA.

2 Congress always had authority to impeach and remove a President for usurpations of power – see this short Primer.

3 Section 5 also says Congress may reduce or eliminate existing income tax exemptions, deductions, or credits by a simple majority vote.

4 This paper lists all the powers delegated to Congress by our Constitution.  You can learn them!

Postscript added Feb. 13, 2014:

Nick Dranias and others at Compact for America are posting here & there insisting that their BBA does not  impose a new tax, because Congress already has authority to impose a sales tax or VAT tax.  They say Art. I, Sec. 8, cl. 1,  authorizes Congress to impose “imposts”, and that an “impost” is any kind of tax.

Rubbish!

We must go by the original intent of “impost”. Ten or so of The Federalist Papers discuss “imposts”, and they are a tax on imports. That is quite clear. It is easy to find these Papers. The edition of The Federalist I use has a search function: just type in imposts and the list of Papers will come right up and you can read them all.

 

Webster’s 1828 dictionary also defines “imposts” as a tax on imports: http://1828.mshaffer.com/d/word/impost

 

“1. Any tax or tribute imposed by authority; particularly, a duty or tax laid by government on goods imported, and paid or secured by the importer at the time of importation. Imposts are also called customs.”

So a national sales tax is most manifestly NOT an “impost”!  And yes, Dranias’ BBA imposes a new national sales or VAT tax.

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February 10, 2014 Posted by | Balanced Budget Amendment, Compact for America, Kevin Gutzman, Nick Dranias | , , , | 57 Comments

   

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