We are created equal, but we don’t have to end that way
Published: September 5, 2009
“We hold these truths to be self evident, that all men are created equal ... ”
Those are the first few words of the second paragraph of the Declaration of Independence. Every once in a while I take out my copy of the Declaration of Independence, the Constitution of the United
States and the 27 amendments thereto and refresh my mind with the strength of those words.
However, it seems to me that somewhere along the line the “all men are created equal” has become subject to a somewhat whimsical interpretation.
In Section 8 of Article 1 of the Constitution we find the following words: “The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States.”
To me, the operative words in the foregoing are “shall be uniform.” That seems to be an extension of the “all men are created equal” thought.
I realize that the authors, after having said “The Congress shall have power to lay and collect taxes,” then dropped the initial words in stating that the means of providing funds for the common defense and general welfare shall be uniform. But does that provide a valid basis for the mish-mash taxation structure we now have?
In the matter of taxation on an individual’s income, we have several levels of income at which the tax rate changes. Does that meet the test of “uniform”?
In another aspect of the current tax structure, we have the standard deduction and itemized deduction provision. Each of us uses that which we feel is to our advantage. Is that uniform?
Congress keeps monkeying around with the provisions of the tax code such that each year we have a learning process to go through in attempt to understand what it is they have done to dig deeper into our pockets.
I have been reading about one of the new proposals (and I guess it really isn’t new, as they have run it up the flagpole before) where they indicate the desire to lower the homeowner mortgage interest deduction, over a period of five years, from its current level of the first $1 million on your principal residence and $100,000 on a home equity line of credit to a maximum of $500,000 or, as an alternative, a
flat 15 percent tax credit for everybody with a mortgage below the declining limits of the first option.
Such an action will be of benefit to those who do not itemize at the expense of those who do itemize. Again, we see the continued push by those in Washington to take from those who have and give to those who have not.
Yes, all men are created equal, but from thereon each is (or should be) on his own. If, by dent of one’s efforts, a person is able to achieve a modicum of success, be it financial or otherwise, he should not lose control through the tax policies of the federal government.
Bayne’s column runs every Sunday on the editorial page.
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Reader Reactions
Let’s not forget the VA state income tax that is capped at 5.75%, whether you make $17,000 or $17 million. Even those who make $5,000 still pay $5%.
No, localdad, I don’t believe the tax code, as it stands, is fair. For instance, FICA taxes, which take 7.65% of most American’s pre-tax gross income, are capped at $106,800, meaning that the richest Americans pay significantly less as a percentage of their gross income in FICA taxes. State and local governments rely excessively on property and sales taxes, putting the burden of financing government disproportionately on those least able to carry that burden. Wage-earning activity is taxed at a significantly higher rate than investment activity, which again puts a disproportionate burden on average Americans.
Of all of the potential unfairness of the tax code, focusing on a legislative proposal to reduce the mortgage interest deduction to only apply to homes still out of reach to the majority of Americans is a tad myopic.
cthulhu-You clearly have an extensive knowledge of the 16th amendment. No
question about it. Having conceded that
I wonder. Do you agree or disagree
with the basic point of the writer?
Is the tax code fair?
Clearly you need to do a little more refreshing, since the Sixteenth Amendment explicitly authorizes our tax code.
You should also revisit the history of Art.1 §8, since the “shall be uniform” refers not to uniformity across people, but uniformity across *states* in order to avoid discrimination in favor of or against a particular state. See, for instance, Knowlton v. Moore, 178 U.S. 41 (1900) (“Thus it is apparent that the expression ‘uniform throughout the United States’ was at that time considered as purely geographical, as being synonymous with the expression ‘general operation throughout the United States,‘ and that no thought of restricting Congress to intrinsic uniformity obtained, since the powers recommended were absolutely in conflict with such theory.“)
Perhaps it is your own interpretation that is “somewhat whimsical?“
On the “all men are created equal part”, where do women fit in?


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