That choice is whether we “Protect and Defend or Shred and Rescind that Document.”   That’s my question to the Democrats, the Republicans, the Independents, the Libertarians, and all those in politics today.  What is your objective?   I do not care about your rhetoric because, too frequently, your words and deeds do not properly or logically align.  Therefore, I ask you to respect the American people and tell us the truth, if that is possible considering your Political DNA.

I could address a million things to illustrate why I would ask that question.  I will refer back to Trump’s first term and the rush to impeach him.   Nancy Pelosi argued that “Impeaching Trump” was worth the risk of losing the House of Representatives. 

In her arguments, she attempted to illustrate to the voters how much she and the Democrats care about the Constitution and the Rule of Law.  That is so ludicrous (how much they care) that no rational human being should take her seriously.   She and they hoped to sway enough voters to their side of the electoral ledger to win in 2020.  It was not based on genuine concern for the Constitution, America, or the Rule of Law, but ridding themselves of their nemesis, Donald J. Trump.  It was about power and reversing an election they did not like or a candidate they detested. 

Of course, Biden did claim the White House, and I won’t delve into the anomalies and exposed violations of law.  I will suffice it to say that we have endured four years of Democratic Socialistic Tyrannical Rule.  It has not served the American public well. 

That is not the topic I desire to use to articulate my concerns regarding our current condition and the attitudes and ideologies of politicians of all stripes.  I have been deeply concerned for a long time about their understanding of and commitment to our republic and our constitution.   

They took an oath to ‘Protect and Defend’ that document.   Yet, some of those taking that oath openly oppose it and want it ignored, shredded, or rescinded.  I state that based on their own words and the agendas they are advancing.  If you respect and honor the American Constitution, why pursue agendas that directly contradict it? 

The Democrats continue to launch trial balloons in the realm of taxation, and what they advanced before 2020 will likely resurface.   If they ever gain control of both Houses of Congress and the White House, it will.   The SCOTUS will become their prime target to guarantee the success of their transformational agenda. 

They heavily pushed what was identified as a “Wealth Tax.”   Most of the members of Congress and those desiring to be the President are wealthy.  Because Congress and many bureaucrats in Washington have a protective legal shield around them, they do not realize or care about how their proposals affect the rank-in-file Americans.

Even that is not my major concern.  The Left always seeks to engender sympathy and support for its cause by preying on and playing on the jealousy, envy, greed, and anger of those who are not wealthy.  They hope to endear themselves to those who do not have a mountain of cash and fan the flames of the thirst for punishing the rich and making them pay. 

I personally question whether a “Federal Wealth Tax” is constitutional.   I believe that many of the taxes imposed, including the ‘income tax,’ are not.   I am quite sure those who have read any of my posts know that was my position, but I am happy to make it public. 

Let me walk through the proposals they presented and attempt to shed some Constitutional Light on the matter as best I can or as briefly as I can.  I believe that if we are informed, we are forewarned and forearmed and in a position to make a thought-out decision.

In that campaign and push, Senator Elizabeth Warren, the Democratic Senator from Massachusetts, proposed a 2% tax on individuals worth more than $50 Million and 3% on Billionaires.   Before you argue that is not much, let’s dig a little deeper and ask, “Is it Constitutional?”

It does not matter if it is a low percentage, above and beyond what they already pay in taxes, if it is not Constitutional.  If it is not Constitutional, it is an illegitimate law.    End of Story!   Two prominent law scholars wrote letters stating that their legal view is that it violates the Constitution to seek to create what is being called the “Ultra-Millionaire Tax.”

Senator Bernie Sanders, the ‘Independent’ from Vermont, tried to coerce economists to back his plan that advanced a 1% tax on married couples worth $32 Million.   His tax plan included a progression to 8% on wealth over $10 Billion.   Again, you may say, “But that is not a large percentage on such wealth.”  That is not the question; the question is, “Is it Constitutional?”

Under the Constitution, Congress has the power to impose direct taxes under the rule of apportionment.  That proviso was to ensure impartial federal treatment of states by requiring the government to levy taxes in a manner that affords an equal amount collected in each state.   Do proposals like this do that? 

The ability to tax originated in the ‘compromise’ between the slave-holding states and the non-slave-holding states.   It was designed to prevent the North from imposing a ‘head tax’ on slaves because that could not be apportioned equally across all states.

The 16^th Amendment opened the door to what is viewed as a pathway around the apportionment requirement.  That means that Congress, under that view, would no longer have to ensure equal treatment if the direct tax is an “Income Tax.”   That is a convenient way to rescind the Constitution and violate the Intent of our predecessors, but that’s where we are.

But is a ‘Wealth Tax’ an ‘Income Tax’?   That’s where the rub comes in for many legal scholars.   In most cases, it would appear to be a ‘direct tax,’ not an ‘income tax.’   That would require apportionment, making it unconstitutional. 

It has been suggested that Congress side-step the Constitution and the apportionment required by writing the law in such a manner as to make this an income tax.   How would they do that?  They could include a provision in the current tax code to “tax assumed fixed annual return from the measurement of household wealth.”   The key word is ‘assumed!’ 

Given the current SCOTUS, it might pass or fail by a 5-4 margin.  Chief Justice John Roberts would become the deciding vote.  Do you trust him?  I do not!

I suggest we recall the Obamacare debacle and how the Supreme Court, led by Roberts, imposed a ‘tax’ on citizens without following the apportionment.  Do you see the danger?  They relied heavily on the 1796 (Hylton v. United States) decision, which ultimately found that a tax on carriages was not a direct tax and, therefore, did not violate the Constitution. 

Under that hypothetical tax, the tax rate in Virginia would have to be 10 times higher than that in New York because New York had 10 times more carriages per capita than Virginia.  They took the stance that any tax that is not reasonably apportioned is not a direct tax.  How’s that for virtually rewriting the Constitution to whatever you want it to be?

Calvin Johnson, a law professor from the University of Texas, argued in favor of Sanders and Warren’s “Ultra-Wealth Tax.”  He stated, “Apportionment is part of a rational scheme to apportion taxes to reach wealth, and if the apportionment does not function that way, its range ends and the tax is not ‘direct tax.’” 

So, go ahead, Congress and Supreme Court, shred and rescind the Constitution because that type of legislation is a clear attempt to do so.  It cannot be enacted in equal apportionment.   That would open the door to any tax they desired and allow them to confiscate our money.  After they take our money, what else would they take?

I not only oppose this type of legislation because it is wrong, unconstitutional, and violates the intent of our Founders.   It would virtually destroy our economy and cause more money to leave our shores rather than fill the federal coffers.   Therefore, as always, make the plea for rejection of the Leftist and Rhino plans in every election!

May God bless you, and God bless America!