| | Ben the only thing that I can make out to his argument was that the 16th amendment was fraudulently ratified. Now the 16th amendment to the constitution states:
Amendment XVI
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.
Now how it was fraudulently ratified he doesn't say.
Looking at Article V of the Consitution, it explains how amendments are to be passed:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
As far as I can tell, the argument goes several states violated their own laws on how their state legislature is to vote on an amendment. But if there were any state laws broken, I don't see how that matters. State laws are inferior to Federal laws, and there is nothing in Article V that states specifically how the state's legislators are to vote on a proposed amendment and ratify it. So it honestly seems a bit of shaky argument, but I'm certainly no attorney. The easiest thing would be to challenge this in court. (Edited by John Armaos on 8/04, 2:04pm)
|
|