So… A store in another state that pays no rent in Colorado, no employee salaries or wages in Colorado, no State Unemployment Taxes in Colorado, no utilities in Colorado, and whose employees also have absolutely nothing to do with Colorado, but that does pay all of these expenses in another states (or country) must somehow cough up extra dough, which absolutely will wind up being paid for by the citizens of Colorado.
Huh. Ok… And local mudstream media everywhere have become shills for their blitheringly idiotic state governments.
Let’s see what NOLO has to say about this:
“On June 21, 2018, the United States Supreme Court fundamentally changed the rules for collection of sales tax by Internet-based retailers. In its decision in South Dakota v. Wayfair Inc., the Court effectively stated that individual states can require online sellers to collect state sales tax on their sales. This ruling overturns the Court’s 1992 decision in Quill Corporation v. North Dakota. The Quill case prohibited states from requiring a business to collect sales tax unless the business had a physical presence in the state.”
Looks to me like the U.S. Supreme Court’s 1992 decision absolutely nailed it whereas their 2018 decision cow-towed to unlawful pressure by the states.
By “unlawful,” I’m referring to this gem from the Sales Tax Institute:
“For many years, states argued that they were losing a lot of money by not being able to collect sales tax on Internet sales to customers located in their states.”
Combined with this consideration:
“For many years, states argued that they were losing a lot of money by not being able to collect sales tax on Internet sales to customers located in their states.”
State legislators are undoubtedly jumping up and down in greedy glee, thinking about all the extra money they’re going to receive, but when reality sets in, most will be weeping and wailing at the destabilizing effect they’ve created and the massive tax revenues they will soon LOSE as a direct result of their stupidity.
Very soon, states will be arguing that they are losing money by not being able to collect sales taxes on Internet sales by businesses located in their states. Not only is this robbing Peter to pay Paul, but it’s a tremendous setback for the greatest justification for Internet sales to begin with: It’s far cheaper for customers to pay for shipping, whereby their item represents perhaps a tenth of a mile worth of travel for that FedEx, UPS, or USPS delivery van than for them to travel all over their own state’s roads trying to find items, travel that tears up those roads at SIGNIFICANT EXPENSE TO THE LOCAL MUNICIPALITY AND STATE. Oh, those states who pushed for this failed to consider that one, huh…
Let’s look at this another way.
John lives in Colorado but travels to Wyoming to buy grass-fed beef, usually half or whole head that he’ll split with friends in his hometown. He pays sales tax in Wyoming. It’s not very economical to drive all the way to Wyoming so he and his friends jump for joy when the seller announces they’ll ship either frozen or refrigerated anywhere in the U.S.
But, oh, now John and his friends have to pay sales tax in Colorado? What the hell? Nothing has changed!!! 100% of the business remains in Wyoming, including state income taxes on the business, SUTA, workman’s comp, veterinary bills, etc.
The ONLY thing that changed is that instead John and friends supplying their own shipping, they hired a shipper.
So, instead of using the Internet, John and Friends are now phoning in their order and paying Wyoming sales tax like they were before.
Whoops! What? Yep. John and friends now own the goods at the point of sale in Wyoming, and as private owners they have every right to bring their OWN PROPERTY across state lines, the same as if Dave moved from Wyoming to Colorado, driving his first car and shipping his second, brand-new car he’d just purchased the morning of his move.
Are you starting to see the full picture, here? Are you beginning to understand why the U.S. Supreme Court’s 1992 was far better as it accurately reflected REALITY? Whoa, what a concept, adhering to reality…
Here’s another scenario:
USAA Federal Savings Bank, headquartered in Texas, does a great deal of business with most people who are in the military or related to anyone in the military. But those people are spread out all over the world. In years past, if someone picked up the phone and made a trade with USAA’s brokerage services, taxes on the commission would be paid to the State of Texas. But now, because that trade was placed through the Internet, Suzy in Cincinnati is now paying taxes to Ohio, who had absolutely NOTHING to do with that trade? What?
State M is a high manufacturing state, but with a lower population, shipping 90% of products produced in that state all over the U.S. Used to be, people placed orders through catalogs, with tax being paid to State M the same as if a person had driven to State M and purchased the goods in person. I know, as I still have old copies of Popular Mechanics, which clearly state that if I buy that wood splitter, then I have to pay state sales taxes to New Jersey, even if I have that wood splitter shipped to Colorado.
Now, however, because a rather large number of blitheringly idiotic state legislators in most states convinced the U.S. Supreme Court to change their mind, New Jersey DIES for no other reason than people place their orders via the Internet instead of their Phone. Speaking of which, my VoIP phone runs through the Internet, so if I place a phone order, is that really an Internet sale?
If you say, “Yes,” you’re completely missing the point. The point is that our Constitution very specifically states the following:
Here’s another issue:
North Dakota passed a law in 1987 requiring out-of-state mail-order houses to collect and pay a use tax on goods purchased for use in the state. Quill Corporation refused to comply and the state of North Dakota took them to state court. The trial court ruled in Quill’s favor and found that based on Supreme Court precedent in a 1969 case (National Bellas Hess, Inc. v. Department of Revenue of Ill.) the law created an unconstitutional burden on interstate commerce based on the Fourteenth Amendment’s due process clause. In addition the Supreme Court found it conflicted with the commerce clause because, “The very purpose of the Commerce Clause was to ensure a national economy free from such unjustifiable local entanglements. Under the Constitution, this is a domain where Congress alone has the power of regulation and control.” – Source
Wait… What? You mean this was decided before now?
Yes. It DOES NOT MATTER whether a person places an order by mailing in a cereal box top, by phone, or by, well, smart phone. The mode of communication DOES NOT MATTER. All that matters is where the goods were produced, and to a lesser extent, if there were any intermediate supply chain staging within the state of delivery (nexus).
Bottom Line: Tie the sales taxes to where the goods and services are PRODUCED, not where they’re sold. Please note that wholesalers may produce in one state, ship to retailer in another state, who will then pay sales taxes to the state in which they’re sold. The taxes paid by the wholesaler fall under net taxable income, not directly off sales.
In a similar vein, when I purchase directly from Sony, they’re the wholesaler, and I’m a retailer with a customer base of 1.
So, to all the stores who sell goods on the Internet, here’s how to beat it: WRITE YOUR MEMBERS OF CONGRESS!!! They have full Constitutional authority under Article. I., Section 8 of the U.S. Constitution “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Demand they DO SO, putting a stop to this incessantly stupid and economic throat-cutting practice of states trying to change taxes on goods produced totally outside their jurisdiction. If it doesn’t cut the throats of the states implementing it thinking they’ll be raking in more money, it’s certainly cutting the throats of states which foster the efficient production of goods consumed by We the People in all 50 of these United States, not to mention around the world.
Internet sales taxes indirectly but greatly harm economies in which goods are consumed.
Internet sales taxes greatly harm economies in states where goods are produced.
Internet sales taxes eschew low carbon footprint online shopping and efficient many-item shipping in favor high carbon footprint physical shopping and personal SUV one- to few-item hauling.
Oh, and Colorado, although I am adamantly opposed to pot, one day the U.S. will legalize it, along with interstate Internet sales shipments, and you WILL LOSE BIG TIME. You’ll produce it here, but won’t be able to collect any tax here. Meanwhile, all those workers you attracted by legalizing pot will FLEE Colorado’s high cost of living and high taxes so they can get afford to get high more often anywhere it’s cheaper to live, which is most places, these days.
Way to bring back the Ghost Towns, there, dipshits.
The rising tide of red flag laws does not bode well for the United States of America. Not only are they fraught with many potential avenues of failure and abuse, they’re also highly ineffectual, stopping less than 1/10th of 1% of their intended targets — a statistically and absurdly tiny fraction of the problem.
For the first time in many years, I’m at a loss for world. These proposals and the laws that have made the books are so ridiculously, unbelievably mind-bogglingly STUPID that I don’t know where to begin.
So, let’s begin at the beginning, with our United States Constitution. Here’s a couple of key points:
– The States were already in power at the time they agreed to join the Union. They already had powers. They still do.
– The Constitution specifically delineated a few key powers to the federal government and normalized relations between the States, primarily in the areas of commerce and common defense.
– Just in case anyone forgot that the people and the States retain the lion’s share of authority, our Founding Fathers included Amendments IX and X in our Bill of Rights:
Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
– Amendments to the Constitution become integral parts of the Constitution itself. As the Constitution itself declares in Article. V., “shall be valid to all Intents and Purposes, as Part of this Constitution.”
– Between December 7, 1787, and May 29, 1790, all thirteen states ratified the Constitution.
-Subsequently, whenever a territory has applied to become a State, they do so with the full knowledge of and consent to the U.S. Constitution.
– One of the rights enumerated in the Bill of Rights, proposed in 1789 and duly ratified by the states on December 15, 1791, is “the right of the people to keep and bear arms.” Our Founding Fathers were so adamant about protecting this right they added an absolute: “shall not be infringed.” Moreover, this isn’t merely about restricting Congress from passing laws, as stated in the First Amendment. Rather, it applies to the states, as well, and on December 15, 1791, all United States at the time become party to it, whereas all subsequent States became party to it when they applied for statehood.
WHERE WE ARE NOW
Sadly, instead of focusing on legitimate, science-based policing, these red flag laws throw that science out the window, criminalizing gun ownership itself, in a flagrant and very dangerous violation of the “shall not be infringed” clause of the Second Amendment i.e. the U.S. Constitution.
Furthermore, each justice or judge of the United States takes an additional oath commensurate with their special authority, specifically, the following oath or affirmation before performing the duties of his office:
“I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.” – 28 U.S. Code § 453 – Oaths of justices and judges
Finally, the President of the United States of America:
“Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” – Article II, Section 1, Constitution for the United States of America
As to what all this means, how and why one’s adherence to one’s oath of office is the glue of loyalty which holds our nation together, merely type “oath of office” into the Search window on this website. 🙂
The short version, however, is that when everyone in a position of authority who takes an oath of office actually follows their oath of office, including taking the steps to ensure they know the U.S. Constitution through and through, as well as all application local, county, state, federal, and military law germain to their duty and position of responsibility, then you have a country that is united behind a single, common, purpose, standing firm on a 200+ year old foundation of law respected around the world.
There is no firmer nor finer place to be.
Impeachment headlines are all the rage these days, and Google images is fully of all sorts of Impeach Trump buttons, banners, and bumper stickers, but it’s an utterly mindless rage, one fueled by hate and ignorance, not rationality, sound reasoning, or understanding of the law.
People, listen up! Please get an education so you know what you’re talking about.
Speaking of impeachment (and education):
“The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.” – Article I, Section 2.
Do you really think a House controlled by conservatives/Republicans will impeach Donald Trump? No more than a House controlled by liberals/Democrats impeached Obama for his impeachable offenses. Unlike Trump, Obama actually committed impeachable offenses.
“The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.” – Article I, Section 3
Do you really think you will ever be able to get a two-thirds majority of the Senate to rule against President Trump with more than half the Senate is conservative/Republican? Good luck with that…
“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States…” – Article I, Section 3
Hillary stepped down so that she wouldn’t be impeached over Benghazigate. Had she been impeached, she would have been ineligible to run for President. The Demoncrap party saw the handwriting on the wall and chose the lesser of two evils so that she might actually have a shot at the Presidency in 2016. It was clear she was being groomed for that very role for a long time. Thankfully, enough voters recognized her for the crook she is.
“The President … shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” – Article II, Section 2
When Obama pardoned over 2,000 criminals, he grossly violated Constitutional authority as most of those criminals had not committed any crimes “against the United States.” Rather, most of them had violated various state laws, over which Obama had ZERO authority to grant either a reprieve or pardon. That state’s governor, yes. Obama, no.
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” – Article II, Section 4
President Donald Trump has committed absolutely zero instances of treason, bribery, high crimes, or misdemeanors. In fact, he personally hired a rather large legal team in order to prevent any such discretion.
BOTTOM LINE: President Donald Trump will NEVER be impeached, and for some very sound reasons:
1. He’s never committed any impeachable offences as defined by and required by the Constitution in order to be impeached.
2. You’ll never get a conservative/Republican House to impeach a Republican president.
3. You’ll never get a conservative/Republican Senate to cough up the two thirds votes required to convict.
Our Founding Fathers knew that one day, there would be a bunch of blithering idiots throughout our land who would incessantly cry “Impeach Trump! Impeach Trump! Impeach Trump!” They made impeachment difficult for precisely that reason, to prevent blithering idiots from disrupting the normal operations of government on the basis of nothing other than mob rule.
Now, while libtards and Demoncraps have every Constitutional right to continue blathering on about this issue if it makes them feel better, much like all babies need a good cry every now and then, it’ll never happen, because of the aforementioned reasons, unless Donald Trump actually does, one day in the future, commit a clearly impeachable offense.
And no, you cannot make this happen simply by whining about it louder, longer, harder, or by throwing more money at it. The U.S. Constitution is “the supreme Law of the Land” for a reason, and We the People are going to follow it, whether you like it or not.