Explain to a non-American why it makes sense to change Congress every two years!

So why are there people who still say that it is unconstitutional?

 

So a President could order that murder laws are not enforced?

 

So then how the hell was anything done?

 

I believe our court system would block something like that but I think he could issue a pardon.

 

I'm not aware of anybody who claims the federal income tax is unconstitutional.

 

I suppose, kinda. In a stretch it might fall under prosecutorial discretion. However, not enforcing such and such law is not the same as writing or changing law.

 

Some say there is evidence that the amendment was not properly ratified.

 

Hmmmm, I didn't know that.

 

It's been 20 years or more since I studied it at all. Because the horse has been out of the barn for nearly a century, because reality trumps history, and because history is edited and re-written, I no longer pay attention to the subject.

I still have the 1990 book by Irwin Schiff "The Federal Mafia". It is very well foot-noted and most interesting to read, so it's likely true, but I think he ended up in prison for tax evasion. Not sure if it's still available. Freedom Books in Hamden CT published it.

One of the points is that the 16th was never properly ratified, and the other is that when the 16th was passed, "income" was separate from a man's wages paid for labor. In those days, "income" was money made from investments such as real estate.

Income was NOT wages paid.

 

My understanding was the thought behind the 16th was indeed to collect income taxes from only the very well off, not the working man. However the amendment's wording did not explicitly state such a limitation.

I didn't know about the controversy over ratification -- interesting. Like the theory that the acceptance of Texas as a state into the union was not done with accurate legal processes, and that Texas can leave the union without actually seceding.

 

For a while now I've been aware of the anti-tax people. Do they think that some other type of tax is unconstitutional? There's an entire Wikipedia article on it:

https://en.wikipedia.org/wiki/Tax_protester_constitutional_arguments
"Tax protesters in the United States advance a number of constitutional arguments asserting that the imposition, assessment and collection of the federal income tax violates the United States Constitution."

 

So you don't consider what Obama did as effectively changing the law?

 

Well if the court system would block something like that, then I don't understand why the court system is not able to block a President's order for immigration law not to be enforced.

 

Yes, he rewrote an immigration statute.

 

There are always a few.........

 

As I recall it was only one state whose ratification was in question.

 

I don't see any real reason why they couldn't if they are given the issue to decide. They don't originate cases, they decide them.

 

You're hearing about these people for the first time?

 

The house is every two years, and the senate is every six, and this is by design. The house is supposed to be more dynamic and responsive to popular impulses. The Senate is more stable.

Also keep in mind that incumbents win in 95% of house races so things don't change as much as you think. Also, traditionally our government was bipartisan and the parties could work together. That has fallen apart recently, but thats our fault, not the constitution's.

 

Yeah, my point was more that it has the CHANCE to change every two years.

 

Lets say that the current administration really disappoints. The mid-terms give the people a way of fixing that problem. Like if people really hate what Biden is doing, they can make the house Republican and block him.

 

No, the Senate has elections every two years too.

 

Why do you use the word changed? Most of them will be reelected.

To change this requires a constitutional amendment and you start with you need a 2/3 vote of congress in support of that amendment. Never easy to do. It's not changing.

 

No. I just meant that interpretations of the Constitution are a dime a dozen. Ask 10 law professors and you'll get 3 interpretations.

 

Only one-third of the senate runs for election every two years.