The Case for Repealing the 16th Amendment
Abolish the Income Tax!
By Alan Keyes
The signs are growing that strong sentiment exists in America
to abolish the income tax. Despite the attempts of some to
distract and diffuse this sentiment - including the proposal
merely to flatten the income tax without eliminating it - there
appears to be a broad willingness in the country to consider
the entire question of the income tax in principle.
In this moment of opportunity, the serious work of political
leadership that needs to be done is the work of setting before
the American people the only agenda that is going to restore
our freedom. We must abolish the income tax and replace it
with the tax system that was intended by our Founders when
this nation began - a tax system that leaves our people in
control of 100% of their dollars, and that gives to the earner
the first use of every dollar that he or she earns.
Abolishing the income tax should be the premier goal of all
tax discussion and policy for the next several years. And, as
important as this goal is at a policy level, it is perhaps just as
important that conservative leaders use the debate about tax
reform as an occasion to make clear to ourselves and to the
American people the reasons that this change is necessary.
"A Moral Imperative"
We need to start talking about what is really going to make a
difference in restoring the liberties of our people and of this
nation. We should make clear at every opportunity that the
income tax is a slave tax - inherently incompatible with
freedom. Abolishing it is therefore not just economically
feasible, it is a moral imperative if we are to meet our
obligation to bequeath liberty to future generations.
This moral case against the income tax will carry the day.
And by presenting the tax issue in its proper moral context,
we will finally put to rest the foolish uneasiness with the
moral agenda that reduces it to divisive disputes about
theology or sex. The moral agenda is about self-government
and how we preserve the character to sustain it.
The tax issue is a moral issue because it raises fundamental
questions about the way American citizens will insist that they
be treated by their government, and thus inevitably by each
other. Are we a nation of grown-ups whose government is
our tool, or are we a nation of children whose will and
resources are subject to the control of "Big Daddy"
government? This is what is at stake in the "economic"
debate now beginning over tax policy.
What, concretely, should be done? We should repeal the 16th
Amendment to the Constitution and thus return to the original
Constitution of this country. And then we should simply
abolish the tax code that inflicts the income tax on our people.
We should fund the federal government through tariffs, duties
and excise taxes (i.e., sales taxes) as the Founders intended.
The income tax should be replaced with the kind of taxes
most people are already paying - the taxes on things we buy
and that we pay only when we decide to buy them. By
restoring tariffs and duties to their proper role we will also
make foreign populations who benefit from access to the
U.S. market share the burden of supporting the governmental
system that guarantees its existence.
What will be the result of this change? Instead of being taxed
before we decide how to spend our money, we will be taxed
only after we decide what to do with it. And if we decide that
we want to save it, we won't be taxed. If we decide that we
want to invest it, we won't be taxed.
Instead of waiting upon the whim of politicians and
bureaucrats, we will control our own tax burden by controlling
the amount and pattern of our consumption.
In larger economic terms, an excise tax system would also
impose natural limits on the rate of taxation. Politicians would
have to think like business people, being careful not to raise
the price of goods so high that a drastic fall in demand
destroys the source of revenue. Also, if the excise tax rate on
any good or service were set too high, everyone in the sector
dependent on it would unite to seek relief. Instead of the "let's
you and him fight" divisiveness of the income tax system, the
excise tax would be a unity tax, encouraging coalitions of
interests across all income levels.
An excise tax system would mean that each citizen would
decide what his tax burden was going to be. Not in every
respect, of course. One couldn't simply decide to pay no
taxes and otherwise live as he pleased. But rather than have
our tax rate and tax payment determined before and apart
from any decision that we make, economic or otherwise, we
would instead determine and pay our taxes as the cumulative
result of many, many decisions to purchase or not to purchase
taxed items in the open market.
This is what the Founders intended to be our economic
situation: ordinary citizens in the driver's seat of the economic
patterns of their own lives.
Liberty from the income tax would mean, of course, liberty
from the Internal Revenue Service (IRS). We would no
longer have the IRS, because we would no longer have a tax
code that requires the government to demand that we report
our income to its agents and gives these agents the right to
take away our homes and our goods, and to destroy the
livelihood of our families, in order to improve their records at
the IRS.
We would no longer have our privacy invaded by a
government that was interested - officially and legally - in
burrowing about in our business to find out how much we
make, where we make it, and when we got it.
The Habits of a Free People
By contrast, under a sales-tax system we would not have to
report the facts of our individual economic situation or
choices to a living soul.
Over time, the difference in these two patterns of economic
life will have - has already had - its effect on the quality and
extent of the responsibility we take for our own lives. And as
the Clinton Administration explores new ways of manipulating
the income tax to coerce our choices through targeted tax
cuts, we begin to see the next stage of the manipulation. Now
we are permitted the carrot of tax relief, but only when we
make the choices the government directs and dutifully report
them to our master.
This manipulation has already had a chilling effect on the
willingness of our moral leaders in the churches to speak out
against the moral abuses being encouraged by political and
judicial decisions. Fear of losing their tax-exempt status has
discouraged religious leaders from their traditional role as the
nation's conscience, the sparks of its passions for moral
decency.
Tolerance for moral turpitude in the highest offices in the land
passes without remark. Meanwhile, the virtue of charity is
corrupted by the expectation of gain as people give money to
get money, rather than to please the living God.
The distance the income tax has already taken us down the
road to servitude can also be demonstrated by considering
how rare it is for anyone even to raise the question of what
right the government has to know how much money we
make.
Do we ask ourselves this question anymore? We blithely file
our income tax every year, putting down all kinds of details
about where our money comes from and telling people in the
government what our income is. Has it occurred to us to ask
in the course of doing that, what right at all do they have to
know this? What legitimacy there is to this law?
Let me give you an illustrative comparison. Suppose that
tomorrow the government were to levy a tax on sexual
activity, and were to require that, at the end of a certain time,
maybe on a monthly basis, every citizen had to report all
sexual activity so that the tax could be accurately assessed.
Would we accept that as a legitimate requirement? Or would
it occur to us to stand up and tell the government that such
matters are none of its business?
We do have a lingering sense that there are certain things
about our lives that ought to be private, and certain relations
we have with others that ought to be private. Why is it that
after many centuries in which it was understood that one's
income was his private business, we accept a regime that
requires that we report this private fact about our lives to a
government agency?
Whatever the reasons for accepting this regime in the first
place, we accept it now largely because we have lived with it
for decades and become used to it. But that is to say that the
income tax has managed, in 80 years, to deaden the zeal for
liberty - and vigilance in its preservation - that were once
synonymous with the word "American."
We must ensure that the debate on tax reform includes a
serious attempt to raise these questions. In this way, we can
open the eyes of our fellow citizens to the fact that the
income tax is not only bad for economic reasons, and because
the Founders didn't care for it and didn't write it into the
Constitution. It is also bad because it is based upon a premise
that destroys one of the material foundations of privacy. How
can there be a private sphere without a protected source of
material support for it?
A free and vigilant people should never have tolerated this for
a minute. The income tax is an inherently communistic tax,
because one of the prerequisites of freedom is a sphere of
privacy. And if you destroy the material foundations of that
sphere of privacy, you have destroyed the possibility of
freedom.
Yet the income tax is based upon a premise that hands to the
government what it needs to destroy the material foundation
of private life.
When we treat any aspect of our lives as intrinsically the
concern of the government, we implicitly begin to accept the
role of government in judging and controlling that aspect.
Government is a practical entity - the only reason it needs to
know things is so that it can do something about them.
Whenever we grant, in principle, that the government has a
right to know, we are granting it a right to control.
For this reason, the income tax is a kind of universal solvent,
dissolving the private and personal resolve each of us should
have to control responsibly the actions we take in the
acquisition and expenditure of wealth.
We have survived the income tax as long as we have
because the habits of American liberty run deep, and the
American people have not quickly or easily taken into their
souls the habits of servitude suggested by the actions the
income tax requires.
But our fitful and sporadic tax "revolts" are being patiently
waited out by our leaders like the increasingly exhausted
attempts of a hooked fish to break free. Line is played out,
the illusion of liberty is permitted, and all the while the deep
conformity of the captive to the will of the captor is secured.
We need to pause and reflect, and remember to ask the
fundamental questions before it is too late. We need to resist
the pressure to be concerned only about the amount or
fairness of the tax burden, and start to ask instead whether
the current form of taxation itself is legitimate.
And when we ask that question, we must insist that what
ultimately measures the legitimacy of government policy in
America is not simply the procedure by which it becomes
law, and much less the revenue it produces, but the degree to
which it is prudently ordered to the production and
preservation of the habits and character that befit a free
people.
Conservatives must show that it is not only the socialists who
are able to see the moral implications of taxes. Otherwise we
will not be able to lead the nation to a fundamental agreement
on a wise and lasting reform of taxation.
It is time that we insist on a tax policy for grown-ups, and that
means abolishing the income tax and replacing it with a tax
structure whose first premise is the capacity of American
citizens to make their own economic decisions responsibly.
The tax debate is an opportunity for conservatives to
demonstrate the unity of the moral and economic agenda, and
to demonstrate concretely the confidence we do and must
have in the people of this country. It is a profoundly
democratic opportunity, and thus a great duty for anyone
aspiring to be an American statesman and lead this people.
We must lead this people to the abolition of the slave tax, and
for the right reasons. The question of fundamental tax reform
is a test of the statesmanship of our politicians and of the
quality of citizenship of our people.