Replace All Federal Taxes on Income with the Fair Tax Act , HR 25

Constitution Party of WA opposes FairTax citing no constitutional authority

CONSTITUTION PARTY OF WASHINGTON OPPOSES THE FAIR TAX, CITING NO CONSTITUTIONAL AUTHORITY

For Immediate Release: 20 April 2011

Spokane,. Washington…Robert W. Peck, Chairman of the Constitution Party of Washington (CPWA), issued a statement today that the State Committee met on 16 April 2011 in Kennewick, and officially passed a resolution stating its opposition to the Fair Tax as it has no constitutional authority. Their stance is based on a report done by the state party leadership, “The Fair Tax: Why We Oppose it”, which can be found on the CPWA website at www.constitutionpartyofwa.com/legislation/fairtax.html.

The resolution makes the following points:

The Fair Tax is a direct tax upon the people, not authorized by the 1787 Constitution nor under the 16th Amendment which changed the original intent of the founding fathers by implementing an income tax;
The Fair Tax does not guarantee a lower overall level of taxation but could result in a higher level of taxation than is currently being paid by Americans;
The Fair Tax continues and expands the welfare state by establishing a "Family Consumption Allowance" (FCA) provided to every registered household, regardless of income, which, if implemented, would constitute the single largest entitlement program in American history;
The Fair Tax expands the size of government by replacing the Internal Revenue Service with two new federal agencies, the Excise Tax Bureau and Sales Tax Bureau, as well as state-level agencies, where the primary collecting of revenues would take place;
The Fair Tax makes states the primary federal tax collection agency, and requires state taxing authorities to annually register every household and household member in the state, accelerating the current trend towards treating states as mere administrative and political subdivisions of the federal government, thus putting the Constitutional principle of state sovereignty (under the 10th Amendment) in even greater peril;
The Fair Tax is a new method of funding extra-Constitutional activities outside the enumerated powers of the General Welfare clause, ignoring the clear intent of the Article I, Section 8 powers of Congress;
That only the electing of individuals with a good understanding of America's founding principles and a firm commitment to frugality and fiscal accountability can fix what the Fair Tax pretends to address;
CPWA sees no constitutional authority whatsoever to support the case for the Fair Tax, therefore it cannot endorse the Fair Tax;
CPWA supports instead a constitutionally-correct state-based apportioned tax system;
CPWA approves the use of the brochure, “The Fair Tax: Why We Oppose It”, as the official statement of its position.

The CPWA is also adamantly opposed to the current income tax system as a violation of the original intent of Founders in relation to the raising of funds to support the limited federal republic they created. Switching from one unconstitutional tax system to another unconstitutional tax system still leaves the citizens of these united States with an unconstitutional burdensome tax system. What is needed is a complete overhaul of the current federal bureaucracy, dismantling of all agencies that are unauthorized under Article 1, section 8; a frugal and fiscally-responsible budget and debt repayment plan, the phasing out of entitlement programs, and a restoration of the original tariff-based state apportioned revenue system, with the states exercising their authority under the 9th and 10th Amendments to refuse participation in any federal program that exceeds the scope of constitutional authority.

A full explanation of the Constitution Party position on Taxes can be found on the national Constitution Party website at www.constitutionparty.com/party_platform.php#Taxes.

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Replies to This Discussion

Permalink Reply by Robert Williams on October 13, 2011 at 8:31am

We definitely need to point them to Dr. Walby's explanation here: http://www.fairtaxnation.com/profiles/blogs/response-to-those-who-say

Permalink Reply by William Payne on October 13, 2011 at 5:46pm

It looks as if you've already addressed this with the CP (or at least 1 member) before, based on a response to Dr. Walby's piece quoted by Marilyn Rickert - as Rob Williams points out. That seems to be quite authoritative as to the FairTax's constitutionality.

My opinion as to the rest (numbering your bulleted items):

2. A cop-out. Especially considering that the FairTax will expand the tax base to the tune of over $400 billion in annual revenues. That increase alone adds 20% to the current federal tax revenues, taking a burden off everyone else. How many expert-generated charts of projected tax burdens do these people need? How many are there?

3. (prebate expands welfare) Seems that this issue has been dealt with countless times already. As one of our more brilliant FairTaxers (Rob Williams) says: "...many opponents of the FairTax are trying to misrepresent the prebate as a means of undermining the FairTax itself. Some of the more common claims, such as those used by Senator Sherrod Brown of Ohio, is that “the prebate plan would cost the federal government between $600 and $700 billion annually, making the total costs of the prebate larger than any other category of federal spending.” Mr. Brown apparently doesn’t realize that the return of monies to which you are not entitled isn’t a cost, it is fair, honorable, and just". The FCA is just that - a comparable "standard deduction" that assures no American is taxed on the right to live.

4. (expands government) I don't know that what they say is correct or incorrect, and I am presently out of research time. Anyone else?

5. (makes states tax agencies) B.S. If anything, it gives the states more control of revenues.

6. (funding extra-Constitutional activities) I tend to agree with this, but no tax system will ever limit extra-Constitutional activities. The current one not only doesn't limit them, it very effectively enables them by hiding the associated taxation from the public. With the FairTax, the public will SEE the taxation and can therefore initiate action to limit the funding of extra-Constitutional activities.

That's as far as I'm going right now. Am I full of it? I'd like to think that their position is a result of careful analysis as opposed to an agenda with conflict of interest.

Permalink Reply by Larry Killion on February 10, 2012 at 9:13pm

Regarding item 6 above, it seems to me that the WCP is missing something as they read the constitution.

Article 1, section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

As I understand the FairTax, it is the essence of complying with Article 1, section 8.

According to the WCP website, using Noah Websters Dictionary, a DUTY is that which is required by government for the consumption of goods. Again, that is essentially what the FairTax is.

The WCP wants to do away with the IRS. Again, that is essentially what the Fairtax does. It will be easier to start fresh with the FairTax than to try and weed out "extra-constitutional activities" with the present system.

Permalink Reply by Jamie Wheeler WA on February 11, 2012 at 3:11am

I have spoken with a person who ran under this Party for my congressional district and am sorry to say would not budge on the FairTax and the mindset it is unconstitutional. Thank you for your points as I may indeed bring them to this person's attention! Goooooo FairTax....The FIRST Step in a Revolutionary Restoration our Republic w/it's foundation built on the constitution!