Ron Briley on the Sixteenth Amendment

As we approach another deadline for filing federal income taxes, and as some Americans organize tea parties to protest what they perceive as excessive spending on the Obama stimulus package, it is worth taking a few minutes to recall the origins of the Sixteenth Amendment to the U.S. Constitution.

The amendment simply reads that 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.” The passage of the amendment in 1913 was in response to twenty years of political agitation from both the populists and progressives in response to the 1895 Supreme Court decision Pollock v. Farmers’ Loan and Trust Co., which essentially rendered unconstitutional efforts by Congress to enact an income tax.

There is considerable exasperation with the income tax today amid concerns that wealthy Americans may avoid the tax by employing tax lawyers to find loopholes within income tax legislation. The Internal Revenue Service is also too often perceived as a monolithic government agency invading the private lives and affairs of American citizens. But the original amendment has little to do with such concerns nor does it quite fit with Boston Tea Party analogies. The Sixteenth Amendment hardly represents taxation without representation as it was enacted as part of a democratic process in which two-thirds of Congress and over three-quarters of the states ratified the amendment.

The Sixteenth Amendment was passed to address the crisis of American industrialization and capitalism in the late nineteenth and early twentieth centuries. As the United States became the world’s leading industrial nation, economic power was increasingly centralized in the hands of such captains of industry as Andrew Carnegie and John D. Rockefeller. To address this concentration of wealth, labor organizations such as the Knights of Labor and American Federation of Labor were formed amid considerable industrial unrest. The inequities of American life were also challenged by the Industrial Workers of the World and Eugene Debs as the presidential candidate of the Socialist Party. Political discontent was also evident in the formation of the populist and Progressive movements. With much taxation based upon land ownership, many poor farmers paid greater taxes than bankers and businessmen. In fact, in the presidential election of 1912, all three mainstream progressive candidates, Woodrow Wilson, Theodore Roosevelt, and William Howard Taft, favored an income tax.

Accordingly, the income tax should not be perceived as some sinister conspiracy of a central government equivalent to the British imposing taxes on colonists who were not consulted in their governance. Rather, the Sixteenth Amendment and income tax should be considered as part of an American tradition dating back to the Declaration of Independence to provide freedom of opportunity for all Americans. Instead of protesting the income tax as contrary to American ideas, we should work to remove loopholes and assure that a progressive income tax is employed to achieve its original purpose of addressing concentrations of wealth detrimental to our democratic traditions.

Ron Briley is a history teacher and assistant headmaster at Sandia Preparatory School in Albuquerque, New Mexico, where he has taught for over thirty years. His teaching has been recognized by the AHA Beveridge Prize, the Eugene Asher Distinguished Teaching Award from the Society of History Education, and the OAH Tachau Precollegiate Teaching Award. His books include Class at Bat, Gender on Deck, and Race in the Hole (McFarland, 2003), James T. Farrell’s Dreaming Baseball (Kent State, 2007), and All Stars and Movie Stars (Kentucky, 2008).

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