Constitutional law tax power

What is taxing power?

Taxing power refers to the ability of a government to impose and collect taxes

In the United States, Article I, Section 8 of the Constitution gives Congress the power to "lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States

What is the power of Congress to lay and collect taxes?

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises

This power is considered by many to be essential to the effective administration of government

As argued under the Articles, the lack of a power to tax renders government impotent

Who has the power to impose taxes?

The taxing power The limits to the right of the public authority to impose taxes are set by the power that is qualified to do so under constitutional law

In a democratic system this power is the legislature, not the executiveor the judiciary

Tax protester Sixteenth Amendment arguments are assertions that the imposition of the U.S. federal income tax is illegal because the Sixteenth Amendment to the United States Constitution, which reads 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, was never properly ratified, or that the amendment provides no power to tax income.
Proper ratification of the Sixteenth Amendment is disputed by tax protesters who argue that the quoted text of the Amendment differed from the text proposed by Congress, or that Ohio was not a State during ratification, despite its admission to the Union on March 1, 1803, more than a century prior.
Sixteenth Amendment ratification arguments have been rejected in every court case where they have been raised and have been identified as legally frivolous.

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