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Line 5: − Churches? The free exercise clause of the First Amendment protects churches in many ways. Taxation of church property and minister's salaries are not allowed. What is said in a church receives greater protection against government regulation than what is said in a business. The police are reluctant to search a church; judges are reluctant to issue a search warrant for them to do so. In a 9-0 ruling, the U.S. Supreme Court recently held that churches can fire key employees for almost any reason, without having to worry about the regulations and laws that apply to businesses.+ Line 15:
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American Government Lecture Eleven (view source)
Revision as of 16:52, January 1, 2013
, 16:52, January 1, 2013improved
Government and politics affects nearly every aspect of society. Violent video games? The U.S. Supreme Court, by a narrow 5-4 majority, said that they are protected as free speech under the First Amendment. Of course, that does not make violent video games right, but it does affect how many people play them, and whether state legislatures can pass laws limiting their use by children.
Government and politics affects nearly every aspect of society. Violent video games? The U.S. Supreme Court, by a narrow 5-4 majority, said that they are protected as free speech under the First Amendment. Of course, that does not make violent video games right, but it does affect how many people play them, and whether state legislatures can pass laws limiting their use by children.
How are churches affected by government and politics? The free exercise clause of the First Amendment protects churches in many ways. Taxation of church property and minister's salaries are not allowed. What is said in a church receives greater protection against government regulation than what is said in a business. The police are reluctant to search a church; judges are reluctant to issue a search warrant for them to do so. In a 9-0 ruling, the U.S. Supreme Court recently held that churches can fire key employees for almost any reason, without having to worry about the regulations and laws that apply to businesses.
A good understanding of government and politics also enables students to understand American history better, and to recognize the differences between the state today. Why was Philadelphia the biggest and most prosperous city in the colonial era? It was the colony that welcomed settlers the most, and was based on strong Christian principles. Only Philadelphia prohibited gambling, and such moral values enabled it to thrive and prosper. Its founder, William Penn, learned first-hand in England the consequences of interference with the free exercise of religion. Fortunately, he was acquitted of the criminal charges against him due to jury nullification.
A good understanding of government and politics also enables students to understand American history better, and to recognize the differences between the state today. Why was Philadelphia the biggest and most prosperous city in the colonial era? It was the colony that welcomed settlers the most, and was based on strong Christian principles. Only Philadelphia prohibited gambling, and such moral values enabled it to thrive and prosper. Its founder, William Penn, learned first-hand in England the consequences of interference with the free exercise of religion. Fortunately, he was acquitted of the criminal charges against him due to jury nullification.
Perhaps the most important clause of the U.S. Constitution is in Article IV, known as the "Supremacy Clause":
Perhaps the most important clause of the U.S. Constitution is in Article IV, known as the "Supremacy Clause":
{{cquote|Constitution and the laws of the United States...shall be the supreme law of the land ... anything in the constitutions or laws of any State to the contrary notwithstanding.}}
{{cquote|Constitution and the laws of the United States...shall be the supreme law of the land ... anything in the constitutions or laws of any State to the contrary notwithstanding.}}
The meaning of this provision is that all federal law, rules, regulations and federal court decisions "trump" (preempt) any state law that is contrary.
The meaning of this provision is that all federal law, rules, regulations and federal court decisions "trump" (preempt) any state law that is contrary.
The decision, written by Chief Justice John Marshall, emphasized that federal law takes precedence over state law. While states have the authority to impose taxes, states are prevented by the Supremacy Clause from taxing the federal government or entities that it creates.
The decision, written by Chief Justice John Marshall, emphasized that federal law takes precedence over state law. While states have the authority to impose taxes, states are prevented by the Supremacy Clause from taxing the federal government or entities that it creates.
This decision, entitled ''McCulloch v. Maryland'', contains this famous truth:
This decision, entitled ''McCulloch v. Maryland'' (1810), contains this famous truth:
{{cquote|The power to tax is the power to destroy}}
{{cquote|The power to tax is the power to destroy}}
This ''McCulloch v. Maryland'' decision is important for another reason too. The Court held that Congress has unenumerated powers that are not expressly given to it by the U.S. Constitution. Nowhere in the Constitution is the power to create a national bank given to the federal government. But under the "Elastic Clause" (also known as the "Necessary and Proper Clause") of the U.S. Constitution, Congress has the power to "make all laws which shall be necessary and proper for carrying into execution." That clause has been used repeatedly by Congress to make laws where it does not have an express grant of power by the Constitution to do so.
This ''McCulloch v. Maryland'' decision is important for another reason too. The Court held that Congress has unenumerated powers that are not expressly given to it by the U.S. Constitution. Nowhere in the Constitution is the power to create a national bank given to the federal government. But under the "Elastic Clause" (also known as the "Necessary and Proper Clause") of the U.S. Constitution, Congress has the power to "make all laws which shall be necessary and proper for carrying into execution." That clause has been used repeatedly by Congress to make laws where it does not have an express grant of power by the Constitution to do so.
The colonies/states were reluctant to give the power to tax to the new national government in the 1780s. The first attempt at a national government, through the Articles of Confederation, did not give the United States government the power to tax. Instead, it was voluntary: the national government requested funding from the States on a voluntary basis. That was not successful, especially when times were difficult after the American Revolution. The national government under the Articles of Confederation in the mid-1780s struggled simply to raise money for its operations.
The colonies/states were reluctant to give the power to tax to the new national government in the 1780s. The first attempt at a national government, through the Articles of Confederation, did not give the United States government the power to tax. Instead, it was voluntary: the national government requested funding from the States on a voluntary basis. That was not successful, especially when times were difficult after the American Revolution. The national government under the Articles of Confederation in the mid-1780s struggled simply to raise money for its operations.
The U.S. Constitution give the new national government the authority to raise money by taxing imports (goods shipped from foreign nations) and interstate commerce, and denied the States their longstanding power to raise money in that manner. This was a massive shift in power from the States to the federal government. Rhode Island refused for several years, even after George Washington was president, to ratify the Constitution and join the United States, because Rhode Island raised its money by taxing imports into its harbors along the Atlantic Ocean (including the slave trade).
The U.S. Constitution give the new national government the authority to raise money by taxing imports (goods shipped from foreign nations) and interstate commerce, and denied the States their longstanding power to raise money in that manner. This was a massive shift in power from the States to the federal government. Rhode Island refused for several years, even after George Washington was president, to ratify the Constitution and join the United States, because Rhode Island raised its money by taxing imports into its harbors along the Atlantic Ocean (including the slave trade). (The Constitution does prohibit any taxes on exports -- goods shipped from our Nation to foreign nations -- by the federal government.)
But the original U.S. Constitution limited the power of the government to tax individuals, in Art. I, Section 9, Clause 4:
But the original U.S. Constitution limited the power of the government to tax individuals, in Art. I, Section 9, Clause 4:
{{cquote|No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.}}
{{cquote|No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.}}
This meant that a direct income tax on individual Americans could only be imposed in proportion to how many people lived in an area, rather than in proportion to how much money they make. Wealthy areas could not be taxed more than poor areas. As result, the federal government could not easily impose an income tax like what exists today.
This meant that a direct income tax on individual Americans could only be imposed in proportion to how many people lived in an area, rather than in proportion to how much money they make. Wealthy areas could not be taxed more than poor areas. As result, the federal government could not easily impose an income tax like what exists today.
Instead, the federal government taxed real estate, slaves, carriages, and things other than income. But this did not amount to much revenue for the federal government. Most of its revenue through the late 1700s and 1800s was in the form of tariffs: taxes on imports.
Instead, the federal government taxed real estate, slaves, carriages, and things other than income. But this did not amount to much revenue for the federal government. Most of its revenue through the late 1700s and 1800s was in the form of tariffs: taxes on imports.
In 1895, a close vote by the U.S. Supreme Court invalidated a federal income tax because it was a direct tax that was not apportioned as required by the U.S. Constitution. ''Pollock v. Farmers' Loan & Trust Co.'' Congress continued to be without the power to impose a federal income tax for nearly another two decades.
Then, in 1909, Congress passed the proposed Sixteenth Amendment to give it the power to impose income taxes without limitation. Because Congress does not have the power to amend the Constitution by itself, this went to the States for ratification. At that time there were 48 States (Hawaii and Alaska had not yet joined), so the 3/4 requirement for ratification of a new amendment was 48 times 3/4, which equals 36 States.
The Sixteenth Amendment removes the limitation on income taxes by the federal government that was in the original Constitution. The Sixteenth Amendment states:
{{cquote|The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.}}
Many Americans opposed ratification of this Amendment, which had the effect of transferring enormous power to the federal government. It took nearly four years for this amendment to be ratified by 3/4 if theStates, in 1913.
=== Types of taxes ===
There are two general categories of taxes, "direct" and "indirect".<ref>http://www.investorguide.com/article/11164/the-difference-between-direct-tax-and-indirect-tax/</ref> A "direct" tax is how the Roman Empire funded itself: each adult must directly pay a certain tax, whether he has income or not. Jesus and the Apostles had to pay to this too, as they were in the Roman Empire. Another example of a "direct" tax is a tax on real estate, which the federal government imposed in its early years but now which are imposed almost entirely by State and local governments.
Most taxes are "indirect" in nature, such as "excise taxes." An excise tax is based on an activity, such as a sale of a product from a business to a customer. It is a tax on activity rather than on a person or on property itself. An example of indirect or excise federal taxes are the taxes on gasoline and telephone bills.
The distinction between "direct" and "indirect" taxes is important because the original U.S.Constitution, in Art. I, Section 9, Clause 4, limits "direct" taxes to the federal government to what can be apportioned among the population. This prevents the federal government from taxing wealthy areas or people more than poor areas or people. If a tax is "indirect", then it is not limited by this provision, which enables the federal government to tax business activity without limitation. But with respect to individual income, the Sixteenth Amendment gives the federal government unlimited power to impose taxes in any way it chooses.
The lawsuits against ObamaCare have reopened this issue because ObamaCare imposes a tax based on whether someone purchases health insurance. It is not an income tax, so it should not be authorized by the Sixteenth Amendment. It is not an excise tax, because it applies when there is no activity (declining to purchase government-approved insurance). Is it a "direct" tax? If so, then it would not be allowed unless it is apportioned by population, such that wealthy people pay no more than poor people. Lawsuits are pending to challenge ObamaCare based on what kind of tax it imposes, and the federal courts will be deciding this issue in the next year or so.
'''II. Race.'''
'''II. Race.'''