Catherine Crabill: Constitutional scholar.

No, not really. I have previously posted on her inability to read the very short Article III of the United States Constitution, now it looks she’s missed a whole amendment:

Additionally, we must repeal the income tax. It is unconstitutional and it’s abuse of power has become legendary. A flat tax would set every American free from the tedium of filing complicated tax returns and be true to our Declaration of Independence which declares that all men are created equal and should be treated as such. No one should be punished through confiscatory taxation for success while, conversely, rewarding sloth.

The income tax is unconstitutional you say? What about that pesky 16th Amendment to the United States Constitution:

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

You know, I’ve heard stories about crazies that believe the “Titles of Nobility Amendment” was actually ratified, but I’ve never heard anyone say the 16th Amendment was never ratified. I guess there’s a first time for everything.

Cross-posted at “I’m Surrounded By Idiots” and On The Right.

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6 thoughts on “Catherine Crabill: Constitutional scholar.

  1. Yes, there are arguments that the 16th Amendment was not properly ratified, most of which usually center around the argument that Ohio’s ratification wasn’t proper because Ohio was not officially a state at the time of ratification.

    Sounds crazy ?

    Well, consider this:

    It all started when Ohio was preparing to celebrate the 150th anniversary of its admission to the Union in 1953. Researchers looking for the original statehood documents discovered there’d been a little oversight. While Congress had approved Ohio’s boundaries and constitution, it had never passed a resolution formally admitting the future land of the Buckeyes. Technically, therefore, Ohio wasn’t a state.

    Predictably, when this came to light it was the subject of much merriment. One senator joshingly suggested that his colleagues from Ohio were drawing federal paychecks under false pretenses.

    But Ohio congressman George Bender thought it was no laughing matter. He introduced a bill in Congress to admit Ohio to the Union retroactive to March 1, 1803. At a special session at the old state capital in Chillicothe, the Ohio state legislature approved a new petition for statehood that was delivered to Washington on horseback. Congress subsequently passed a joint resolution, and President Eisenhower, after a few more jokes, signed it on August 7, 1953.

    But then the tax resisters got to work. They argued that since Ohio wasn’t officially a state until 1953, its ratification of the 16th Amendment in 1911 was invalid, and thus Congress had no authority to enact an income tax.

    Link: http://www.straightdope.com/columns/read/1115/is-u-s-income-tax-invalid-because-ohio-wasnt-legally-a-state-when-the-16th-amendment-was-ratified

    Of course, it really doesn’t matter because enough states ratified the amendment make it valid even if you don’t count Ohio:

    http://en.wikipedia.org/wiki/Sixteenth_Amendment_to_the_United_States_Constitution#Adoption

    But, like the anti-Nobility Amendment, this is one of the things that wingnuts just cant let go of.

  2. Whether or not you properly quoted Crabill, I have no idea, but let’s presume Catherine Crabill appropriately does not fit your definition of a Constitutional scholar. Given she does not have much power, I wonder why you worry about Crabill so much. It seems to me the people we have already elected should cause us much more alarm.

    While it is true that the the 16th amendment was ratified, what should be starkly clear is that its ratification was a grave error. That amendment gave Congress the unlimited ability to tax us. Because it ignores the 9th and 10th amendments and does not restrict itself to the powers enumerated Article 1, Section 8, Congress also has unlimited ability to spend our wealth. Using this “authority,” every year Congress takes more of our money and spends it for us.

    What must be the end result of Congress’ unlimited tax and spend authority? The more of our wealth Congress takes, the more enslaved by Congress we become. Here is the classic answer.

    Power tends to corrupt, and absolute power corrupts absolutely.
    Lord Acton, Letter to Bishop Mandell Creighton, 1887

    Although Crabill use of violent language may be frightening to some, the fact remains our government’s power must be restrained. In time, if we do nothing, we will be enslaved. The government we elected to protect our rights will take those rights away.So like it or not there is a basic truth in your Crabill quote.

  3. @Doug Mataconis
    And as you said, more than enough states ratified the 16th Amendment, and if you look at the list, the effective date of ratification wouldn’t even be changed: Delaware, the 36th state to ratify (counting Ohio) and the last needed for ratification, ratified the amendment on February, 3, 1913. New Mexico and Wyoming did so as well on the same date, and they were the 37th and 38th states to ratify the amendment.

    @Old Fashion Liberal
    Excuse me? Are you saying that I misquoted Crabill? I copied and paste the quote from her website.

    And if you don’t like the 16th Amendment, get someone to file a resolution calling for an amendment to repeal the 16th Amendment, instead of whining that’s it’s unconstitutional.

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