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Is a national sales tax allowed by the Constitution?

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Courtesy Flush Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 08:51 AM
Original message
Is a national sales tax allowed by the Constitution?
The Right is always yelling about the federal government claiming powers not granted by the Constitution, then Cain proposes his 999 plan, one third of which is a national sales tax.

The Constitution calls for an income tax, but not a sales tax, as far as I'm aware. Does he propose a new amendment, or is he just hoping it holds up to legal challenges?
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FormerDittoHead Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 08:53 AM
Response to Original message
1. Wouldn't even need to discuss it if enough people saw it for the SCAM it was.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 08:55 AM
Response to Original message
2. The Interstate Commerce clause has already been stretched so far, I'm sure it's possible
And pretty f***ed up.
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banned from Kos Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 08:58 AM
Response to Original message
3. the taxing and spending clause would seem to allow such
"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"
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JVS Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 08:58 AM
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4. Since there have already been federal liquor taxes, I don't see why not.
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nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 08:58 AM
Response to Original message
5. Yes, congress can levy any taxes
VAT is highly regressive though.
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Recursion Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 09:01 AM
Response to Reply #5
7. So long as they are uniform
They can't lay a special excise on, say, Maryland.
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nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 09:05 AM
Response to Reply #7
8. Cain is talking of a national VAT of 9%
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FarCenter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 09:53 AM
Response to Reply #8
10. No, Cain is proposing a national sales tax of 9%
Value added taxes are collected from busineses based on the value that they add everywhere in the chain of production.

Sales taxes are collected from consumers at the point of sale.
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Recursion Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 09:00 AM
Response to Original message
6. Article I Section 8
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States


A sales tax is an excise, and is constitutional so long as it is uniform throughout the US (note my avatar, however, as regards DC residents). That doesn't make it a good idea, of course, but it seems clearly within Congress's power to simply excise all commercial transactions.
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peace13 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-12-11 09:06 AM
Response to Original message
9. I can't think of a better way for those with the least to pay more taxes!
Oh I hope it's on food and medicine!
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