Monday, May 06, 2013

Internet sales taxes: Does the United States Senate NOT understand the Constitution?

A short while ago the members of the United States Senate voted 70 to 24 to pass the "Marketplace Fairness Act": AKA "Internet sales taxes".

The Senate has approved collecting taxes on goods sold on the Internet.  We'll examine that in just a sec.

("Marketplace Fairness Act"?  God, I hate how these people try to govern by emotion instead of intelligence...)

Anyone who voted for this bill should be removed from office at the earliest possible legal opportunity.  For one thing, it is insanity for government to be levying more taxes upon us at a time when you and I and most other Americans are being obligated to tighten our belts.  How much more do our supposed "representatives" believe we can take?

But what is most on my mind tonight is how this bill is a flagrant violation of the Constitution of the United States.

According to Article One, Section 7:
All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
 "All bills for raising Revenue shall originate n the House..."

Why then is a bill for raising revenue now originating in the Senate and not only that but has been approved??

I do not have time to watch C-SPAN but I wonder: were there any senators who brought up this fact during debate on the bill?

In a sane world, the House of Representatives would reject the bill from even being admitted into its presence, given how it's unconstitutional.  But I seriously doubt that will happen (though it should).  Barring that, the House should overwhelmingly defeat it.  If it does pass though and President Obama signs it, the obvious thing in this blogger's mind is that the Supreme Court should strike it down.

The Supreme Court shouldn't have to do that though, given that any fifth grader would tell you that the bill has been unconstitutional to begin with.

Y'know, there could be a lot of trouble saved if those in government just followed the directions instead of pulling stuff like this out of their collective ass...

5 comments:

Anonymous said...

Amen! So livid at this bill. Worst legislation since Obama care and North Carolina's Amendment One.

Gary Ceres

Scott Bradford said...

It's not a tax...it's allowing the STATES to collect taxes. Therefore it's not a federal revenue bill, it's an interstate commerce bill.

Perfectly constitutional...unlike most of the rest of what Congress has been doing lately.

Lee Shelton said...

I would agree that this isn't a federal tax, but I don't see how forcing one state to collect taxes for another is constitutional. Everything about this bill will only serve to hinder interstate commerce, not protect it.

Lee Shelton said...

I live in Minnesota, and the government here requires residents making online purchases to pay a use tax. If you buy over $750 worth of products outside MN, you have to report all of what you spent on your state income tax form and pay taxes on it. I would think other states have similar laws. The state governments love this bill because it just makes it easier for them to get their cut.

Gary Ceres said...

Wrong. States are not constitutionally allowed to collect interstate commerce taxes whether the Congress says they can or not.

Monday, May 06, 2013

Internet sales taxes: Does the United States Senate NOT understand the Constitution?

A short while ago the members of the United States Senate voted 70 to 24 to pass the "Marketplace Fairness Act": AKA "Internet sales taxes".

The Senate has approved collecting taxes on goods sold on the Internet.  We'll examine that in just a sec.

("Marketplace Fairness Act"?  God, I hate how these people try to govern by emotion instead of intelligence...)

Anyone who voted for this bill should be removed from office at the earliest possible legal opportunity.  For one thing, it is insanity for government to be levying more taxes upon us at a time when you and I and most other Americans are being obligated to tighten our belts.  How much more do our supposed "representatives" believe we can take?

But what is most on my mind tonight is how this bill is a flagrant violation of the Constitution of the United States.

According to Article One, Section 7:
All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
 "All bills for raising Revenue shall originate n the House..."

Why then is a bill for raising revenue now originating in the Senate and not only that but has been approved??

I do not have time to watch C-SPAN but I wonder: were there any senators who brought up this fact during debate on the bill?

In a sane world, the House of Representatives would reject the bill from even being admitted into its presence, given how it's unconstitutional.  But I seriously doubt that will happen (though it should).  Barring that, the House should overwhelmingly defeat it.  If it does pass though and President Obama signs it, the obvious thing in this blogger's mind is that the Supreme Court should strike it down.

The Supreme Court shouldn't have to do that though, given that any fifth grader would tell you that the bill has been unconstitutional to begin with.

Y'know, there could be a lot of trouble saved if those in government just followed the directions instead of pulling stuff like this out of their collective ass...

5 comments:

Anonymous said...

Amen! So livid at this bill. Worst legislation since Obama care and North Carolina's Amendment One.

Gary Ceres

Scott Bradford said...

It's not a tax...it's allowing the STATES to collect taxes. Therefore it's not a federal revenue bill, it's an interstate commerce bill.

Perfectly constitutional...unlike most of the rest of what Congress has been doing lately.

Lee Shelton said...

I would agree that this isn't a federal tax, but I don't see how forcing one state to collect taxes for another is constitutional. Everything about this bill will only serve to hinder interstate commerce, not protect it.

Lee Shelton said...

I live in Minnesota, and the government here requires residents making online purchases to pay a use tax. If you buy over $750 worth of products outside MN, you have to report all of what you spent on your state income tax form and pay taxes on it. I would think other states have similar laws. The state governments love this bill because it just makes it easier for them to get their cut.

Gary Ceres said...

Wrong. States are not constitutionally allowed to collect interstate commerce taxes whether the Congress says they can or not.