Uniform: Article 1 Section 8

The Constitution, which sets forth the principle of rule of law, defines what is unconstitutional, and guarantees freedom of speech and other liberties of a Constitutional republic, and also describes the impeachment power. (How many know of the Jewish roots of this document?) Hypocrisy threatens Constitutional government. Could Israel use a constitution like this? More to the point: would a Convention of States save it, or destroy it? (Example: civil asset forfeiture violates the Constitution.) Quick fixes like Regulation Freedom Amendments weaken it. Furthermore: the Constitution provides for removing, and punishing, a judge who commits treason in his rulings. Furthermore, opponents who engage in lawfare against an elected President risk breaking the Constitution.
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The United States Constitution was written by men with a keen understanding of the darker side of human nature. They had lived through a time when government over-stepped its bounds and crossed the line from being fair and just to being tyrannical and elitists. This understanding and the failures of the Articles of Confederation guided them in writing a foundational document that has lasted through the centuries – our U.S. Constitution. As a result, many little gems can be found in this document that are often over-looked or misunderstood. The word uniform is such a gem. It appears in Article 1, Section 8, ¶1 of our Constitution, in the section that specifies the enumerated powers of government.

Why uniform?

Why is this word so important now? It has always been important but at no time more important than today when members of our Congress have blatantly excused themselves from living under The Patient Protection and Affordable Care Act (Obamacare) that they foisted on the rest of us. Amidst the protests of a great majority of our citizens, this abomination of a law was literally shoved down our throats by the man now living in the White House and his cohorts. To add insult to injury, it is a law that they, themselves, refuse to live under and abide by.

The citizen protests against this law were well justified, as is becoming increasingly evident. Congress and this Administration have taken the best healthcare system in the world and turned it into a disaster. It is true that the system needed some work and could have been made better, but ironically, all the things they could have done to improve the system, they didn’t do – like tort reform or allowing us to purchase healthcare across state lines. And now, on virtually the eve of its implementation, they see the disaster they have created and have exempt themselves from it while leaving the rest of us to bear the burden of the beast they created. This elitist attitude is insulting and egregious, but more importantly it is unconstitutional. However, if we have learned anything about this body of interlopers that live the good life off the backs of everyday Americans, it is that they care little for the Constitution that they took an oath to uphold, preserve and protect. This makes them not only incompetent elitists; it makes them oath breakers as well.

The Uniformity Clause

What is often referred as the “Uniformity Clause” in the Constitution is really the impetus behind this writing. Actually, the “clause” isn’t a clause at all, it is a phrase that pre-empts the powers that the Congress shall have to create and collect taxes, among other things. The part that applies to taxes is what makes this important, since Supreme Court Justice John Roberts, writing for the majority in the Obamacare case specifically stated that this is a “tax.” If it is a “tax” then it falls under the guidelines for taxes in the Constitution, which specifically states that all taxes must be “uniform.” The language in Article 1, Section 8, ¶1 specifically states:

The Congress shall have the Power (sic) To (sic) lay and collect Taxes (sic), Duties (sic), Imposts (sic) and Excises (sic), to pay the Debts (sic) and provide for the common Defence (sic) and general Welfare (sic) of the United States; but all Duties (sic), Imposts (sic) and Excises (sic) shall be uniform throughout the United States. (Emphasis added.)

What Uniform means

How can the Obamacare tax be uniform if Congress exempts itself?Our Founders inserted the word uniform for a specific reason. While the phrase was partially constructed to protect geographical areas from discrimination or preferences, the word uniform was specifically inserted to protect the populace from being subjected to unfair taxation while others received preferential treatments. The Heritage Foundation commented on this word by explaining that our Founding Fathers feared that the new government they were creating would abuse its powers by oppressing politically weaker groups and thereby strangle the economic activity that the Framers hoped to produce.

In its earliest exposition, the Supreme Court declared that a tax is uniform if it “operates with the same force and effect in every place where the subject of it is found.” Edye v. Robertson (1884). Clearly, the Congress, which resides in the United States, should be subject to the same taxes we are – and once again, according to Supreme Court Justice John Roberts, this is a tax. While those who call themselves our representatives may have exhibited outrageous elitism by refusing to live by the same laws they have imposed upon us, their incompetence and lack of allegiance regarding all things Constitutional cannot be adequately or logically defended. Even more illogical would be their re-election when their terms end. Right now, while the wounds are fresh, make sure you know how your representative voted. Write it down as reminder when he or she is up for re-election. They may not care what you have to say while they sit comfortably in their ivory towers, but come one November day in the near future, you will have the option of not caring about their sweet-talking lies and excuses. For the sake of the entire country, I pray that you will remember and that your vote will be evidence that you have remembered. No matter how sweet they may talk, or how dapper they may dress, or how well they may photograph, they are bums just the same, and bums should not be representing us in government.

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RoseAnn Salanitri is a published author and Acquisition Editor for the New Jersey Family Policy Council. She is a community activist who has founded the Sussex County Tea Party in her home state and launched a recall movement against Senator Robert Menendez. RoseAnn is also the founder of Veritas Christian Academy, as well as co-founder of Creation Science Alive, and a national creation science speaker.

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