READERS’ FORUM
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TARIFF TAX COULD BECOME A WEAPON OF THE RICH
2017 Jan 27 from Chris
Dear Ed,
Regarding: “President-Elect Donald Trump says he will impose a heavy import tax on products from companies that move out of the US to manufacture their goods. [Regardless … the Constitution places the power of taxation on Congress, not the President.] PBS Newshour 2017 Jan 11.”

True: Congress was given the power to tax (1.8.1, 1.2.3, 1.10.1). However, “law-making” has degenerated into a DELEGATED POWER SYSTEM lacking Constitutional authority. Here’s how law-making works today (from a Lexus article):
 
1. Congress writes general laws (= ACTS). ‘Others’ (not legislators) convert them into STATUTES and then into CODES.

2. The Executive enforces the statutes via his REGULATIONS, aka: “implementation”. Proposed Regs begin their life in The Federal Register before entry into the Code of Regs. Bureaucrats far removed from Congress with zero accountability create the rules that have the force of law. The Constitution does not grant authority to the Executive to “make law”, let alone to his delegates!

3. Executive ADMINISTRATIVE AGENTS (more bureaucrats) enforce the Regs. These agents operate inside agencies, such as Dept. of Treasury, etc.

4. These agencies follow ADMINISTRATIVE PROCEDURES. Generally: US Code TITLE 5 (= APA), specifically: agency MANUALS (e.g., Internal Revenue Manual, etc.). These manuals describe the PROCEDURES to be followed during the ‘enforcement’ process. It’s all about building case evidence and following the rules of administrative ‘due process’ (which is NOT Constitutional due process!). Additionally, other sources of ‘authority’ instruct bureaucrats in these duties (e.g., ‘counsel advice’, etc.).

Under this scheme, President Trump can delegate to his Executive Agents the authority to set the TARIFF LAWS into motion, per the above article. His Agents are at the Department of The Treasury, IRS, etc.

Tax history proves that tariff taxes can be troublesome, being discussed in the 45th Congressional record (1909, 16A Income Tax debates). Let’s hope Prez Trump knows his tax history, and prevents tariff abuses. Otherwise, these new taxes could become merely another weapon for the rich to guarantee their ‘gains, profits and income’ on the backs of us poor-schmuck working-class Americans.

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A PETITION TO DECLARE THE FED RESERVE UNCONSITUONAL
2017 Jan 23 from James Forbes
The Trump administration has developed a website that provides for petitions.  I have petitioned the White House to consider the Federal Reserve act unconstitutional. This may be like a glass of water against a forest fire. However, it is a vehicle for us and this glass of water may turn into a tsunami.  Please click on the link, sign the petition and spread the news. https://wh.gov/iu3KT