A Constitutional problem with the internet sales tax

The greed of Congress seems to know no bounds these days, and their desire to tax internet sales is clear.  But there’s a little problem with their plan, and it’s called the United States Constitution.  Article I, Section 9, Paragraph 5 says the following:

No tax or duty shall be laid on articles exported from any state.

How exactly does Congress wish to get around that simple little clause?  Do they even care about it?  They certainly ought to care, if only to honor their oath of office:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

What part of “I will support and defend the Constitution of the United States” and “I take this obligation freely, without any mental reservation or purpose of evasion” did they forget?

Fortunately, their oath concludes by soliciting the help of God, and I am happy to join them in that appeal.  All kidding aside, I am sure that their job is not an easy one, and this is a case where we can help them by simply reminding them of what the Constitution says.

If you would like to contact your Representative or Senators, you can find them through this link, or better yet, reach them through POPVOX.

2 thoughts on “A Constitutional problem with the internet sales tax

  1. Neil Steiner Post author

    Senator Kaine replied by automated email to a message I had sent him, and provided all the reasons why the “Marketplace Fairness Act” is good for Virginia. My math works a little differently:

    Good for Virginia but Bad for the Constitution = Bad for Virginia.

    “No tax or duty shall be laid on articles exported from any state” is as clear as it could be. If the Senate wishes to tax out-of-state internet sales, they first need to amend the Constitution. Ignoring the Constitution is unacceptable.

    Reply
  2. Site

    The issue of who decides the Internet sales tax question goes back to 1992, when the Supreme Court told Congress to work out the problem in a ruling that predated the modern commercial Internet.

    Reply

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