The Power to Tax

Constitutional authority "to lay and levy taxes" rests with Congress.  There is no gray area there.  The power is explicit or, as the government teachers point out, "expressed."  As Casey Stengel used to say (How does baseball find its way into everything?  Tom Boswell of the Wash Post wrote a great book years ago, How Life Imitates the World Series.), "You could look it up."  Check Article I, Section 2.

So, what's the latest?  Well, here's another good reason I don't have a cell phone--a tax increase on them? No, I'm joking a bit, but only a bit.  The proposed tax is minimal, $5 a year I guess.  Nobody can quibble on the amount.  The purpose of the tax--to bring the Internet into public schools, as if it's not there already-- is a bit more debatable, but my guess is most people wouldn't have objections, although I do.  Neither is the point, not at all.  The tax is not being considered by Congress, but by the Executive Dept, where President Obama has instructed the FCC to look into this tax.  For one who supposedly taught Constitutional Law at the college level (I'm convinced he didn't really earn his degrees at Columbia and Harvard, but that's just me), President Obama might be expected to know he can't Constitutionally do that--impose a tax.  In fact, all of Congress can't do that.  Taxes must originate in the House of Representatives and then go to the Senate--the Constitution so states.  How can the President and the FCC do this?  Well, I guess only one way--if the American people let him.  My guess is most people will look at this and say, "C'mon, what's five bucks?"  Yep, a trifling amount it is.  Of course, most people don't know, "First they came after the Communists, but I wasn't a Communist, so I said nothing.  Then they came after the Jews, but I wasn't a Jew, so I said nothing.  Then they came after the trade unionists, but I wasn't a trade unionist, so I said nothing.  Then they came after...."  Ah, but that's that history stuff.  Too bad there isn't a baseball analogy!

Again I resort to this:  What if a Republican President tried this?  Yeah, both you and I know what would happen.  The LameStreams would be getting the plank ready for walking.  Likely, too, Congress would be all over this, on the Sun AM shows, in the newspapers, etc.  Yep, imagine someone like W imposing a tax!

I'll play fair and take some well-deserved shots at the Republicans, too.  I won't bother with the ones in DC; most of them are beyond saving.  They are really pretty stupid not to realize what has been going on in their willingness and compliance to "get along," be "bipartisan," etc.  Maybe they are just cowardly, not wanting to be called names.  But back to the point.  It's the Republicans who've pushed all the Emergency Manager appointments in Michigan.  Regardless if they've actually worked, they are affronts to democracy.  They smack of the arrogant elitism of politicians, in this case, the Republicans.

OK, out to read to the kids.