A Taxing Amendment, The Revenue Act

989 Words2 Pages

Before the 16th Amendment, a federal income tax was technically illegal, as stated in Article I, Section

9 of the Constitution : “No capitation, or other direct, tax shall be laid, unless in proportion to the census

or enumeration herein before directed to be taken.” Therefore, the federal government had to rely on

land sales, excise taxes, and tariffs to raise revenue. In times of crisis, however, these measures were

simply not enough. During the Civil War, when the Union desperately needed funds, Congress passed

the Revenue Act (1861), which included a provision for the nation’s first income tax. Out of necessity,

the Supreme Court overlooked the act’s unconstitutionality. The first rate was a 3% tax on all incomes

over $800, or $21,000 in 2013 dollars, but in 1862 Congress amended the act and introduced a multi-

tiered system, with a 3% tax on all incomes up to $10,000 and a 5% tax on any over that amount. In

addition, the duty was deducted directly from the worker’s paychecks so that they would never miss the

money. Congress knew it could not collect the blatantly unconstitutional tax any longer than was

necessary, so in 1872, a few years after the close of the war, the Revenue Act was repealed. However,

the idea of an income tax could not be abolished. There were many, especially among the farmers in the

south and west, who believed that the wealthy eastern bankers and industrialists were not paying their

fair share. At the urging of these malcontents, Congress passed another income tax bill in 1894 that

imposed a 2% tax on all incomes over $4000, or $21,000 in 2013 dollars. The Supreme Court

immediately struck it down as unconstitutional. This action still did not kill the idea, and progressive...

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Skousen, W. Cleon. "History of the 16th Amendment." Latterday Conservative. N.p., n.d. Web. 28 Jan. 2014. .

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