During that period of time, he is subjected to involuntary servitude. The 13th Amendment only allows for involuntary servitude when an individual has been convicted of a crime.
Obviously, the amendment was written to protect the God given rights of the people, but the misapplication of the law has made it possible for the Federal government to confiscate the fruits of our labor.
“Indirect taxes prescribe their own limit, which cannot be exceeded without defeating the end proposed that is, an extension of the revenue...If duties are too high, they lessen the consumption; the collection is eluded; and the product to the treasury is not so great as when they are confined within proper and moderate bounds. This forms a complete barrier against any material oppression of the citizens by taxes of this class, and is itself a natural limitation of the power of imposing them.”
That was Alexander Hamilton, writing in “The Federalist Papers”. He went on in Federalist 21 to describe a government whose ordinary expenses would be borne by imposts (taxes on ships entering port according to their tonnage), duties (importation taxes on foreign goods collected at ports of entry) and excises (taxes on commodities, collected by stamp in advance). Please note that all these taxes are INDIRECT TAXES!
Since excise taxes were originally placed on items of luxury or those which were then considered “sinful”, it was thought the people could easily survive and prosper without these items and the government would be maintained at its intended small size.
And this from another “radical” of the time:
“...it is the pleasure and pride of every American to ask ‘What farmer, what mechanic, what laborer ever sees a tax gatherer of the United States?’” Thomas Jefferson, 1805.
Further, James Madison, author of the Constitution, in discussing America's original tax reform package is quoted as saying: "...a national revenue must be obtained; but the system must be such a one, that, while it secures the object of revenue it shall not be oppressive to our constituents.
Old Tom, Alex and James were pretty radical, all right. If they’d had their way (and for 126 years, they did!), the IRS would be the ERS, the EXTERNAL Revenue Service!
And, who said this?
“The tariff is the cheaper system, because the duties, being collected in large parcels at a few commercial points, will require comparatively few officers in their collection; while by the direct (income) tax system, the land must be literally covered with assessors and collectors, going forth like swarms of Egyptian locusts, devouring every blade of grass and other green things.”
That was president-to-be Abraham Lincoln in an 1843 discussion of the proper and – unique thought this – CONSTITUTIONAL method of taxation. Some 20 years later he abandoned his earlier position and supported a “temporary” income tax to fund the Union side of the War Between the States. While some of the politicians of the time wanted to retain it after the war (some things never change), the tax was eventually killed through the efforts of America’s small business people.
Wait! There’s more:
“It (the 16th Amendment allowing an unapportioned tax on ‘incomes’) means that the state must give up a legitimate and long established source of revenue and yield it to the Federal government.
“It (the 16th Amendment) means that the state actually invited the Federal government to invade its territory, to oust its jurisdiction and to establish Federal dominion within the innermost citadel of reserved rights of the Commonwealth.
“This amendment will do what even the 14th and 15th Amendments did not do—it will extend the Federal power so as to reach the citizens in the ordinary business of life. A hand from Washington will be stretched out and placed upon every man’s business; the eye of a Federal inspector will be in every man’s counting house.
“The law will of necessity have inquisitorial features, it will provide penalties. It will create a complicated machinery.
“Under it, businessmen will be hauled into courts distant from their homes.
“Heavy fines, imposed by distant and unfamiliar tribunals, will constantly menace the taxpayer.
“An army of Federal inspectors, spies and detectives will descend upon the state. They will compel men of business to show their books and disclose the secrets of their affairs. They will dictate forms of bookkeeping. They will require statements and affidavits. On the one hand the inspector can blackmail the taxpayer and on the other, he can profit by selling his secret to his competitor.
“When the Federal government gets a strangle hold on the individual businessman, state lines will exist nowhere but on the maps. Its agents will everywhere supervise the commercial life of the states...I am not willing by any voluntary act to give up revenue which the State of Virginia herself needs, nor to surrender that measure of state’s rights which was, and the construction of the Federal courts have permitted to remain.”
Richard E. Byrd, Speaker of the Virginia House of Delegates on March 3, 1910.
Virginia DID NOT ratify the 16th Amendment!
Except for that “temporary” income tax in the 1860s, during America’s first 126 years— proportionally, years of unparalleled growth and prosperity , we funded the necessary, proper and Constitutional operations of the national government with apportioned, INDIRECT taxation (taxes on THINGS).
The FAIR TAX would eliminate incredible and dangerous erosion of freedom attending the MARXIST INCOME TAX (See Plank 2 of the Communist Manifesto).