Why 16th amendment was needed




















At the same time, the lawmakers increased the base tax rate from 1 percent to 2 percent. At war's end, about 60 percent of federal tax money came from the income tax. It replaced tariff duties and excise taxes as the main source of revenue for the U. Tax rates were reduced after the war. But Congress had discovered how easy it was to pump enormous amounts of money into the U.

Today, more than 80 years after the ratification of the 16th Amendment, the income tax has changed dramatically. Unlike , most Americans today must pay some federal income tax.

Thus, individuals with more ability to pay were taxed at a higher rate. This graduated tax structure is often called a "progressive" tax. During the war, Congress raised the tax rates. After the war, however, Congress reduced income tax rates and then finally abandoned the income tax altogether in The federal government once again depended on "regressive" tariff duties and excise taxes as its chief sources of revenue.

Several attempts were made in Congress over the next 20 years to restore the "progressive" income tax. Support came largely from Southern and Midwestern populists who attacked the wealthy for flaunting their millions by building mansions and spending extravagantly while barely paying any taxes at all. The election of produced a Democratic president Grover Cleveland along with Democratic control of both houses of Congress.

This ended the long reign of the Republicans who had opposed restoring the income tax. Unlike the Civil War income tax, this one was not graduated.

This type of income tax is sometimes called a "flat tax. Opponents of the new income tax claimed that it was a socialistic confiscation of wealth by the federal government. Barely a year after it was enacted, the Supreme Court declared the tax unconstitutional. In a ruling, the high court decided that the income tax was forbidden by Article I, Section 9, of the Constitution. This prohibits direct taxes on individuals unless apportioned on the basis of the population of each state.

The majority of justices ruled against the tax law even though the Supreme Court had earlier upheld the similar Civil War income tax. Farmer's Loan and Trust Co. As the progressive reform movement began to gain strength at the turn of the century, interest in the income tax revived. One of the supporters of the income tax was Cordell Hull , a Democratic congressman from a poor rural district in Tennessee. Hull who later became President Franklin D.

Roosevelt 's secretary of state put together a coalition of progressive Democrats and Republicans. They tried to attach income tax bills to tariff legislation making it more difficult to pass. Most Americans disliked tariffs since they drove up the price of many goods.

Hull and his allies promised not to stall the passage of tariff laws, while Taft came out in favor of a corporation tax and a constitutional amendment authorizing Congress to enact a federal income tax. The income tax is now the largest source of Federal government revenue. Article Sources.

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We also reference original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy. Compare Accounts. The offers that appear in this table are from partnerships from which Investopedia receives compensation. This compensation may impact how and where listings appear.

Investopedia does not include all offers available in the marketplace. Related Terms What Is the U. Created in , the U. Treasury is the government Cabinet department responsible for issuing all Treasury bonds, notes, and bills.

Discover more here. Direct Tax A direct tax is a tax paid directly by an individual or organization to the entity that levied the tax, such as the U. Tax brackets are set based on income levels. Taxation Taxation refers to the act of levying or imposing a tax by a taxing authority. Taxes include income, capital gains, or estate.

Subsequent laws provide more protection, but discrimination endures. What Is State Income Tax? State income tax is a tax levied by a state on the income of its residents, as well as on any nonresidents who earn state-sourced income. Partner Links. Related Articles. This Amendment was part of a wave of federal and state constitutional amendments championed by Progressives in the early twentieth century. That requirement makes direct taxation cumbersome, and often impossible. Thus, whether a tax is direct or indirect has mattered—a lot.

An early Supreme Court case, Hylton v. United States , approving an unapportioned tax on carriages, said as much, and in the nineteenth century the Supreme Court upheld several other kinds of unapportioned taxes against constitutional challenges.

In Springer v. United States , the Court even approved the unapportioned Civil War income tax. The world was soon turned upside down, however. In Pollock v. Congress had enacted the tax as a reaction against the consumption taxes that had funded the federal government for most of its history. Consumption taxes overburdened lower-income persons. The income tax, in contrast, was structured to reach the wealthy, whose income came from investments. Precedent aside, this would make no sense: if an income tax were apportioned among the states, a poor state with the same population as a rich state would need to bear the same total tax liability, which would mean tax rates in the poorer state would have to be higher than those in the richer state.

Such a crazy tax would be a non-starter politically. The Court reasoned that taxing income from property was tantamount to taxing the property itself. Pollock was met with popular outrage. The Populists and later the Progressives put opposition to Pollock at the center of their political program.

But how could they reverse it? Many argued that Pollock was so obviously wrong that a constitutional amendment was unnecessary: given a chance, the Court would admit error and overturn Pollock. But getting another case before the Court would have required Congress to enact a new unapportioned tax. That would have looked like an attack on the Court—not a good strategic move—and, anyway, who could be sure the Court would change its mind?

Amending the Constitution was also risky, however. The amendment process is slow, and if the effort failed, an income tax would be delayed indefinitely. It became clear that, if only for political reasons, an unapportioned income tax was impossible without an amendment. What form should it take? Congress passed the resolution in , and the amendment was ratified four years later; Congress enacted a nationwide unapportioned individual income tax in The country has had one ever since, and the Supreme Court has had little reason to focus on the Amendment that makes this possible.

The power to tax incomes has proved very broad. In Eisner v. Macomber , the Court struck down an unapportioned income tax as applied to certain stock dividends, holding that they effectively fell on property, not income; other cases from the s made similar distinctions.



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