rcrocket wrote:Pollock v. Farmers' Loan & Trust Company, 157 U.S. 429, aff'd on reh'g, 158 U.S. 601 (1895) declared an income tax a violation of civil rights and unconstitutional. It was overruled by the 16th amendment.
Actually,
Pollock held the income tax unconstitutional because it was a "direct tax" (
i.e., tax on income from property like real estate, rents, etc.), which the Constitution required to be apportioned among the states -- Congress could always apply an "indirect tax" to income (
i.e., income from salary, etc.). The only thing the 16th Amendment did was get rid of the apportionment rule for "direct income tax." Hardly a fundamental right.
There just isn't any legal precedent for that in any court decision, and constitutional amendments are passed frequently to limit somebody's rights.
Not fundamental rights, ... well, until Prop. 8.
Re-institution of the death penalty in California is a good example.
No it's not. It was reinstituted after it was fixed to pass constitutional muster.
California just passed Proposition 2 that required farmers to vastly expand the size of the pens required to hold chickens and pigs, so that they can roam around rather than be penned into one place. Animals don't have civil rights, but the farmers cannot likely compete with Arizona and Baja farmers. Seems the farmer's civil rights have been trammeled upon.
How is that a fundamental constitutional right, counselor?
Also, I hold my sides in laughter and your continued name-calling; mocking and making fun of my profession and calling me a bigot just because I supported Prop 8.
You are. There is no other way to describe you when it comes to Prop. 8.
I support Prop 8 because I oppose gay marriage for the reasons articulated in the Witherspoon report and not because I was compelled to do so.
What reasons? As was pointed out in a post above, that report is a joke ... and the fact you hang your hat on that absurd report reveals your homophobia.
Prop 8 passed with a significant margin (notwithstanding the press calling it "narrow or slim").
Which only shows we have a long way to go in this country to overcome bigotry, but it'll come.