COVID-19 RELIEF ACT OF 2021

COMMITTEE: All Constitutional Conservatives of the United States of America

PRINCIPAL AUTHOR: VIRUS-X, REPUBLIC COMMANDO

BILL NUMBER:

DELEGATION:  The Traditional Conservatives/TRADCONS

TITLE OF BILL:  The COVID-19 Relief Act of 2020

Be it enacted by the xxx Congress,

WITH the arrival of the COVID-19 Pandemic on American shores, many Americans have found themselves out of work, due to the business they are employed by going under, or being indefinitely furloughed, or put on layoff status.  This is intended to financially assist American citizens, without providing subsidies, through the refunding of unconstitutionally collected, and/or unjust, taxes.

SECTION 1 – IMMEDIATE INDIVIDUAL RELIEF:  All American citizens over the age of 17, with a valid Social Security number, will be refunded previously collected taxes as a form of economic relief.   Persons incarcerated in federal or state penal systems are not eligible for refunds.  These refunds cannot be taxed by any government, at any level, nor are they subject to garnishment of any kind.  Emancipated minors are also qualified, if they meet the other criteria.

SECTION 1, PARAGRAPH A:  The totality of all Income Taxes collected in FY 2020 will be immediately refunded to all American citizens with a Social Security number, via even division to all qualified American citizens.  

SECTION 1, PARAGRAPH B:  All Americans that have paid Estate Tax will be subject to a full refund.  

SECTION 1, PARAGRAPH C:  All Americans that have paid Capital Gains Tax will be subject to a full refund.  

SECTION 1, PARAGRAPH D:  All Americans that have paid Gift Tax will be subject to a full refund. 

SECTION 2 – DISCRETIONARY SPENDING:  Congress shall be required to re-examine Discretionary Spending, and with every non-essential expenditure, de-fund it, and designate the funds for refund to the American People, in accordance to the mechanisms of this law.

SECTION 2 – PARAGRAPH A:  The funding designated non-essential shall always been deemed as such, and no tax monies shall be collected from the American public to fund them, into the future.

SECTION 3 – IMMEDIATE BUSINESS RELIEF:  The economic damages extend beyond the individual American citizen, and into the Private Sector. Without the Private Sector, the economic engine of the United States of America cannot run, and so the Private Sector must also be given immediate economic relief.  This will be intended to prevent businesses from going bankrupt, and possibly out of business, as well as putting millions of Americans out of work.  For eligibility, businesses must be registered with the United States Internal Revenue Service, be American owned, and have a valid EIN (Employer Identification Number).

SECTION 3, PARAGRAPH A:  The totality of all Corporate Taxes collected in FY 2019 from businesses will be immediately refunded to all American businesses.  

SECTION 3, PARAGRAPH B:  The totality of all Capital Gains Taxes collected in FY 2019 from businesses will be immediately refunded to all American businesses.  

SECTION 3, PARAGRAPH C:  The totality of all Estimated Taxes collected in FY 2019 from businesses will be immediately refunded to all American businesses. 

SECTION 3, PARAGRAPH D:  The totality of all Self Employment Taxes collected in FY 2019 from businesses will be immediately refunded to all American businesses. 

SECTION 4 – LONG TERM ECONOMIC RELIEF:  In order to survive the Post COVID-19 global economy, the United States of America must retool it’s system of taxation, and spending, and this must be strictly constitutional.

SECTION 4 – PARAGRAPH A:  The 16th Amendment must be overturned. Historically, income taxation was meant as a temporary measure, in light of a requirement for emergency funding, such as in times of war.  Due to a contraction of a viral spending addition by politicians, as well as the development of unconstitutional programs, agencies, departments and bureaus, this was codified into permanent law, and entered into the United States Constitution as a permanent source of income to pay for many things that should not have been paid for through taxpayer monies.  The 16th Amendment is a political statement that the United States Federal Government to the People that the Federal Government is entitled to a cut of the pay that Americans earn, and that the more money they earn, the more of their money the Federal Government is entitled to.  This is un-American, and needs to stop, immediately, along with all other forms of direct taxation.  The United States Constitution does not emphasize direct taxation, relegating it to capitation.  When overturned, it will give the United States an even larger advantage over all other nations, on the stage of international economics, convincing many domestic businesses to return to the USA, and attracting foreign businesses to invest more heavily in American business ventures.  Congress has 30 days to complete this, and, failing to do so, the People and the States will immediately convene a Convention of States and determine the passage of this constitutional amendment.  

SECTION 4 – PARAGRAPH B:  All federal direct taxes must be abolished for the American taxpayers and businesses.  They, like income tax, are nothing more than political statements that the United States Federal Government is entitled to a cut of the profits of all businesses, big and small, and, with the more money they acquire through such things as profit, the Federal Government is unconstitutionally, somehow, entitled to more of their money.  A USA that does not charge direct taxes will be a USA that provides constitutional assistance to all businesses, large and small, operating in the country, by not taking money from them, that they’re not entitled to.  Again, when overturned, it will give the United States an even larger advantage over all other nations, on the stage of international economics, convincing many domestic businesses to return to the USA, and attracting foreign businesses to invest more heavily in American business ventures.  The USA is an attractive location for businesses, all over the world, already, but with the removal of direct taxes, it will become even more so, even over other nations that have low, or no, direct taxes.

SECTION 4 – PARAGRAPH C:  The United States of America must return to the original constitutional taxation model.

ARTICLE 1, SECTION 8

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

Taxation, Spending and Uniformity clauses, United States Constitution

It is the twisting of, and outright abuse of the power to levy taxes that has harmed America, generationally, and the Framers foresaw this.

In the ratification debates, most delegates presumed that Congress would seek to apply direct taxes rather than excises as the main basis of obtaining revenue.  And the Anti-Federalists expressed much apprehension over that power. At the Virginia ratifying convention, for example, George Mason argued that Congress’s ability to lay direct taxes was “at discretion, unconfined, and without any kind of control” and would lead to “consolidated Government.” After Pennsylvania succeeded in ratifying the Constitution, the Pennsylvania Packet printed “The Dissent of the Minority of the Convention,” which stated Congress’s power to levy direct taxes on “land, cattle, trades, occupations, etc. to any amount” would force people to pay even the most oppressive taxes or have their property seized because “all resistance will be in vain.” In Massachusetts, one delegate noted that raising taxes for “the general welfare” meant it could cover “any expenditure whatsoever” and that such a “universal, unbounded” power should not be given by a free people to its government, and he argued rather for a limited grant of revenue “adequate to all necessary purposes.”

The Heritage Guide to the Constitution: Fully Revised Second Edition

After Pennsylvania succeeded in ratifying the Constitution, the Pennsylvania Packet printed “The Dissent of the Minority of the Convention,” which stated Congress’s power to levy direct taxes on “land, cattle, trades, occupations, etc. to any amount” would force people to pay even the most oppressive taxes or have their property seized because “all resistance will be in vain.”

The Heritage Guide to the Constitution: Fully Revised Second Edition

These fears have proven absolute and correct.  Congress has wrongfully, and against the wishes of the Framers levied direct taxation against everything that could be taxed, and force people to pay oppressive, confiscatory, un-American taxation, with no recourse.  During the time of English oppression of Americans, this was called Taxation Without Representation.  There is no reason it shouldn’t be called the same, today.  Just as politicians in England did not represent the American People, neither do the Representatives and Senators in the United States Legislature, today.  The America People do not approve of confiscatory, unnecessary and unconstitutional taxation, but they are forced to pay it, on penalty of violation of their Rights, or worse.  President Calvin Coolidge presented what he accurately called a moral view of the economy:

“A government which lays taxes on the people not required by urgent public necessity and sound public policy is not a protector of liberty, but an instrument of tyranny. It condemns the citizen to servitude. One of the first signs of the breaking down of free government is a disregard by the taxing power of the right of the people to their own property. It makes little difference whether such a condition is brought about through the will of a dictator, through the power of a military force, or through the pressure of an organized minority. The result is the same. Unless the people can enjoy that reasonable security in the possession of their property, which is guaranteed by the Constitution, against unreasonable taxation, freedom is at an end. The common man is restrained and hampered in his ability to secure food and clothing and shelter. His wages are decreased; his hours of labor are lengthened.”

“Meeting of the Business Organization of the Government”, June 30, 1924, as found in “Foundations of the Republic”, attributed to President Calvin Coolidge

Congress, and the Executive, have abdicated their responsibilities to protect the American People, and to Promote the General Welfare.  In their irresponsible drive for more and more political power, they have taxed the People more and more, caring nothing about the fallout of this, as they create more and more excuses for spending money.

“Realizing that the power to tax is the power to destroy, and that the power to take a certain amount of property or income is only another way of saying that for a certain portion of his time a citizen must work for the government, the authority to impose a tax on the people has been most carefully guarded.”

President Calvin Coolidge

A USA that does not charge these direct taxes will be a USA that provides constitutional assistance to all businesses, large and small, operating in the country, by not taking money from them, that they’re not entitled to. Again, when overturned, it will give the United States an even larger advantage over all other nations, on the stage of international economics, convincing many domestic businesses to return to the USA, and attracting foreign businesses to invest more heavily in American business ventures.  The USA is an attractive location for businesses, all over the world, already, but with the removal of Estimated Tax, Self Employment Tax and Employment Tax, it will become even more so, even over other nations that have low, or no, comparable taxes.

SECTION 5 – JUSTIFICATION:  The United States Constitution renders the current methodology of direct taxation unconstitutional, and therefore unlawful and illegal:

ARTICLE 1, SECTION 9, CLAUSE 4:

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

Direct and Indirect Taxes, United States Constitution

Income taxation is not laid in proportion to the findings of the United States Census, but simply in accordance to the level of income of individuals, and businesses. 

The Constitution was intended to give the national government greater power to raise revenue—the Articles of Confederation had been a fiscal disaster—but many Framers remained fearful of taxation. Indirect taxes (generally understood as falling on articles of consumption) did not lend themselves to congressional abuse (for reasons that will be described presently), but the Framers believed that “direct taxes” needed to be cabined. The cumbersome apportionment rule, requiring that a direct tax be apportioned among the states on the basis of population (so that, for example, a state with twice the population of another state would have to pay twice the tax, even if the more populous state’s share of the national tax base were smaller), made the more dangerous taxes politically difficult for Congress to impose.

Direct Taxes, Heritage Foundation, https://www.heritage.org/constitution/#!/articles/1/essays/64/direct-taxes

Income taxation is not “…uniform throughout the United States…” but centered on individuals and institutions, based on income, which is clearly a violation of law.

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

Article 1, Section 8, United States Constitution

SECTION 6 – CONSTITUTIONAL SPENDING:  To ensure that the United States is no longer left strategically vulnerable, thanks to fiscal irresponsibility on behalf of Congress, or the Executive, all future spending bills must be accompanied by valid, verified original interpretation constitutional justification, with the justification being this:

ARTICLE 1, SECTION 9, CLAUSE 7

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to time.

UNITED STATES CONSTITUTION, APPROPRIATIONS CLAUSE

Unless expenditures can be constitutionally justified, through original interpretation, it cannot be legally done, as per the United States Constitution.  For the purpose of transparency, and living up to the Preamble:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Preamble to the Constitution of the United States of America

With every spending bill, all constituents will receive a physical and/or electronic copy to review, during Congressional deliberations, along with constitutional justification of each and every passage.  No spending bill will contain materials that are unrelated, meaning no spending bill can contain two subjects; each must be single subject, prohibiting omnibus spending bills.

Like it or not, Republicans, Democrats and Libertarians: you’re all the same thing. Until you start legislating by the state and federal constitutions, you’re against it, and you’re against the People.

~ by Virus-X REPUBLIC COMMANDO on March 13, 2021.

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