“A question came up during a discussion about the constitution… Was the 16th amendment ever ratified?”  This is a question from a commenter which I hope to answer clearly.  The short answer is YES and NO, depending on what your definition of is, is.

There are several arguments calling for the nullification of the 16th Amendment, otherwise known as the Income Tax Amendment.  Among the arguments are not enough states ratified the Amendment, the several states did not ratify the Amendment as passed by Congress, and the Amendment does not define whether the Income Tax is a “direct” or “indirect tax”.

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Blog Summary (in part): Apportionment among the states was chosen by the Framers as the most equatable way to preserve the Republic, collect taxes, and a few other things. Many people today argue that apportionment was the Framers “foul-up in the core of the Constitution”. A better understanding of The Founding Fathers time and the entire Constitution proves otherwise. Below I will attempt to lay out their case, and at the same time show that the 16^th and 17^th Amendments ought to be repealed (a very, very long read, but a must to understand RIGHTS YOU HAVE LOST).

No Taxation Without Representation” – A famous quote from Colonial America that we all learned as school children. But the quote is not “No Taxation”. Many feel that was what they meant. However, a brief review of history will show differently. For many, many years prior to the Declaration of Independence and through the first year of the Revolutionary War, most colonist were looking for reconciliation. It is true that taxes were a major rift between the King and colonies, but taxes were the secondary issue. The main issue was that the colonies were not allowed any representation in British Parliament. The King and Parliament could, and were, levying taxes on the colonies who had no say or recourse for injury. Our Founding Fathers, immediately after winning independence started to levy taxes. Monies were raised to pay off the war debt, set up the judiciary, providing for defense, etc.