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Congressman attempts to repeal 16th Amendment. Will it work?

Published in Blog on April 04, 2024 by Jakob Fay

Congressman Warren Davidson is taking action about Americans’ dissatisfaction with tax season in the U.S. by attempting to repeal the Sixteenth Amendment, but will it work?

Ratified in 1913, the 16th Amendment dramatically expanded the government’s ability to tax its citizens, a crowning achievement of the Progressive Era. Amazingly, the U.S. tax form, a mere four pages in 1913, has since grown to over 100 pages. By 1944, during World War 2, the highest tax bracket in America had swelled from seven percent in 1913 to a staggering 94 percent. This income tax, which quickly became Washington’s highest source of revenue, enabled the growth of the national government into a hulking federal behemoth.

(This early 20th-century political cartoon mocked Uncle Sam’s proclivity for taxing the American people.)

“Originally the country didn't have an income tax," Rep. Davidson pointed out on Wednesday. “They passed the 16th Amendment to make it legal to tax people's income. It was originally just going to be for the really, really rich people. And, of course, now it's hitting everybody.”

Davidson introduced his proposed constitutional amendment last year, and although Congress has not yet voted on the measure, he signaled that he hopes for a vote soon.

“Effective 2 years after the ratification of this article of amendment, the sixteenth article of amendment to the Constitution of the United States is repealed,” the prospective amendment states, “and the Congress shall have no power to lay and collect taxes on incomes, from whatever source derived, except in time of war declared by the Congress.”

Unfortunately, while Davidson’s actions are likely well-intentioned, we know that Congress will never agree to give up its power to tax our income. However, that does not mean we cannot force them to act.

The second clause of Article V, which enables
the states to propose constitutional amendments, was designed for such a time as this. Together, We the People, through our state legislatures, can say “no” to new federal taxes and even repeal the 16th Amendment. Congress will never do it for us; we must make it happen.

To advocate for a real solution to our nation’s unwieldy tax code and endemic spending problem, sign the Convention of States petition below. 

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Almost everyone knows that our federal government is on a dangerous course. The unsustainable debt combined with crushing regulations on states and businesses is a recipe for disaster.

What is less known is that the Founders gave state legislatures the power to act as a final check on abuses of power by Washington, DC. Article V of the U.S. Constitution authorizes the state legislatures to call a convention to proposing needed amendments to the Constitution. This process does not require the consent of the federal government in Washington DC.

I support Convention of States; a national movement to call a convention under Article V of the United States Constitution, restricted to proposing amendments that will impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress.

I want our state to be one of the necessary 34 states to pass a resolution calling for this kind of an Article V convention. You can find a copy of the model resolution and the Article V Pocket Guide (which explains the process and answers many questions) here: https://conventionofstates.com/handbook_pdf

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