Just taxation: An early American primer

By Steve Farrell
web posted June 24, 2002

Sad fact of life: The current administration and the "conservative"
party which backs it, has an out of control penchant for
multiplying your tax burden. All propaganda aside:
compassionate conservatism is about socialism, not
Americanism. From AIDS relief for Africans, to foreign loan
"forgiveness" plans for dead beat nations, to multimillion dollar
poppy reduction subsidy programs for Afghan farmers, to UN
donations which end up in the hands of Palestinian terrorists, to
welfare benefits for illegal immigrants, to school vouchers for
poor kids - but not your kids, to prescriptions for seniors and
health care for loonies, and to extensions in unemployment
benefits - there really is no end to how "compassionate" a
"conservative" can be.

These guys love socialism, and because they do, they are adept
at taking what should be a simple question, "is the tax moral and
constitutional," and converting it into the complex and cloudy, the
old: "Yes we are for free enterprise, but we understand,
everyone needs to work together if we are to emerge from this
crisis a better, freer, more prosperous people!"

Perhaps you get it. Modern politicians make a living making
simple things, complex. The Founders, on the other hand, had a
better idea; they tended to reduce the complex" into the simple
-- as per their duty to keep government just, limited, and by-
consent.

Think about it. Any other approach is nonsense. Free
government requires just laws, limited powers, and consent.
Consent requires understanding. Understanding requires laws
that are unambiguous, precise, and transparent - and one thing
more: a citizenry that understands fundamental principles.
Without these, self-government is a charade, public virtue wanes,
unjust causes multiply, taxes and government grow, and liberty
declines.

John Joachim Zubly, pastor of the Independent Presbyterian
Church in Savannah Georgia, a man who took an early lead in
representing the dissenting denominations against the threat of
Anglican tyranny, took to educating his congregation and
countrymen, and did so from a perspective that believed tax law,
like all law, ought to be consistent with basic moral and
constitutional principles -- or they were not laws. So here's his
gem of a solution.

His 1769 sermon, "An Humble Inquiry," taught: 

1. "The . . . constitution is made to secure liberty and property;
whatever takes away these takes away the constitution itself, and
cannot be constitutional . . . and is not law."

Since a man's liberty fits under the broad definition of property,
this makes the entire business of government protecting property,
and thus, any law which assaults property becomes
unconstitutional, or as Hamilton said, "void," regardless of
popular support. (Federalist 16)

Clear enough?

2. Consistent with this principle, Zubly taught: "The electors
cannot confer any right on those whom they elect but what is
inherent in themselves."

This means: If individuals don't possess the right to rob their
neighbor; they cannot empower representatives to rob for them!

3. As for representatives: "No man can give what is not his own." 

Compassionate conservatives brag about their charitable spirit -
but how can that be? What's charitable about giving away other
people's money! If they don't own it, they can't give it away!

4. "[The right to tax] cannot be inherent in [representatives], for
they are not born representatives, but are so by election." Thus:
"Without representation there can be no taxation."

Globalists, including many compassionate conservative, are
quietly working for the "right" for the UN to tax the US. Yet, no
UN officials are directly elected, and only 1 of 190 plus UN
delegates are Americans. Have they forgotten the cause of the
American

Revolution?

5. "[Representatives] cannot extend their power of taxing
beyond the limits of time and place, nor indeed for any other
purpose but that for which they have been chosen."

A valid point. As to time and place:

* Article 1, Section 8 of our Constitution, mandates: "no
appropriation of money . . .[for the military] shall be for a longer
term than two years."

* Nonmilitary budget proposals should be annual.

* "Saddling future generations with debt," taught President
Jefferson, "is immoral."

* Entitlements (untouchable programs, not subject to
congressional approval), and ten year budgetary plans, should
not exist.

* Legislative proposals which seek to abdicate Congresses
constitutional taxing powers to international bodies, and which
seek, contrary to the rules of representation, to impose
international taxes upon other nations, should never see the light
of day.

We need to return to this rule.

6. "Taxes are a free gift of the people to the [government]" 

Property is an inalienable right, thought Zubly, thus, the only just
form of taxation is voluntary. To be voluntary, tax bills must be
voted upon in person or through representatives, as already
noted; and through one other method.

Prior to 1913, all federal taxes were raised by indirect forms,
such as import, or consumption taxes.

Hamilton explains: 

"The amount to be contributed by each citizen will in a degree be
at his own option, and can be regulated by an attention to his
resources. The rich may be extravagant, the poor can be frugal,
and private oppression may always be avoided by a judicious
selection of objects proper for such impositions." (Federalist 21)

That's voluntary! The removal of the income tax, and the return
to relying upon import taxes, or a national sales tax as the only
legitimate tax, would honor the right to property, while providing
for law and order and public safety.

8. "[Representatives] cannot . . . [tax] those they represent
without . . . [taxing themselves] exactly in the same proportion;
every bill must be equally binding upon all."

That's right, equality meant equality before the law and God, not
equality of ends. No graduated income taxes, complicated tax
codes, loopholes, shelters, wealth redistribution, and victim's
classes.

We can do better!

Pastor, John Joachim Zubly, had a simple plan. "No tax can be
laid . . . but [in a manner consistent with the laws of
representation] . . . natural rights, and . . . civil and constitutional
liberties." "No power can alter the nature of things, that which is
wrong cannot be right," he concluded. He was right. Modern tax
laws ought to be similarly reduced and scrutinized - plain and
simple.

Steve Farrell is a senior writer with Enter Stage Right. Contact
him at cyours76@yahoo.com.

Enter Stage Right - http://www.enterstageright.com