By Dan Kennedy
The IRS targeting conservative groups for extensive review of their nonprofit applications, while allowing those of liberal groups to sail through: tyranny.
The former acting director of the IRS telling Congress that this is not illegal: tyranny.
Not only the IRS, but the FBI, OSHA, and the ATF targeting a family business after one of the owners formed tea party and voter’s rights groups: tyranny.
Leaking confidential tax information of conservative groups and donors to the press: tyranny.
We have congressional hearings, IRS executives taking the Fifth Amendment, calls for special prosecutors. All this, plus promises to reform the IRS and make it harder, if not impossible, for these things ever happen again.
We’ve heard this before, about other agencies after other scandals. The reforms never really work as intended. And with the IRS, no reform will ever work.
Because the IRS is tyranny. And you can’t reform tyranny. You have to eliminate it.
Don’t misunderstand me. I’m not advocating violence taken up arms against your nearest IRS office. The framers gave us tools to make needed changes peacefully.
You see, we had to amend the Constitution to make a direct federal tax on income legal. The 16th amendment, passed in 1913, gave Congress this power. And if we had to ratify an amendment to allow an income tax, we can ratify one to repeal the same amendment.
I know what you’re thinking: “Kennedy, there’s no way in hell Congress will ever send that amendment to the states. They will never cut off that river of money!” You’re right. That’ll never happen. So we’re screwed, right?
Wrong! The framers provided a way for the states to “go around” Congress and propose amendments on their own. Article 5 states “… On application of the legislatures of two thirds of the several states, Congress shall call a convention for the purpose of proposing amendments.” Note the phrase “Congress shall…”. No discretion is left to Congress; they must call a convention once two thirds of the states apply. To do otherwise would violate their oaths of office.
I don’t intend to go into all the details and arguments about the use and operation of an Article 5 amendment convention. (I wrote about it here, here, and here; Friends of the Article V Convention has done yeoman’s work in the area as well.) I want to point out that 35 states have applied for a convention to repeal the 16th Amendment. That’s one more than the2/3 needed to call the convention.
My question is why our state legislators haven’t stepped up and demanded that Congress call the convention. North Carolina has applications before Congress that have not been rescinded. Our Congressional delegation is duty bound to move for a convention. How about it, Messrs. Arp, Horn and Tucker? What will you do to ensure our state’s rights, under Article V of the Constitution, is not “micturated on”? The alleged “party of the Constitution” holds both houses of the Legislature. Will you introduce a resolution calling on our Representatives and Senators to do their sworn duty? Or will you just let this tyranny stand? (I know how I’d bet.)