Can Donald Trump End The IRS Without Passing One Law? Yes. Yes, He Can.

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Donald Trump has recently floated the idea of eliminating the federal income tax through implementing High tariffs a policy he refers to as an all tariff policy so the question is is this possible and wouldn’t president Trump need to get Congress to join him or in the alternative does he have any leverage to get Congress to agree or can Donald Trump just make these changes on his own or at least through his new Secretary of Treasury let’s get into it well first let’s talk about how he may be able to get rid of the IRS here’s the thing folks the US tax code is written so vaguely in terribly that a change to law might not be required the US income tax code never bothers to Define what an individual is so while we can infer individual means human beings as the tax code taxes individuals differently depending if they are married singled widowed or head of household the law tells us nothing otherwise of what an individual is so is an individual somebody in the United States of America is an individual someone who is under 18 is an individual someone who is in a coma is an individual someone who is mentally incompetent is an individual someone who is not a US citizen none of these questions are actually ever debated by any member of Congress rather rather and here’s the problem the vague secretive federal income tax law was passed and it completely avoided public deliberation of these decisions about who exactly is subject to the individual income tax law so who an individual is is all decided by Regulators at the US Department of Treasury the cabinet position in charge of administering the US income tax code so what does that mean well what this means is that the US individual income tax law lives by regulation and if it lives by regulation well certainly it can die by regulation now Donald Trump can simply appoint a new Secretary of Treasury to draft new regulations and here’s the process when the US Treasury makes and Reit regulations it must follow the administrative procedure act or APA like most other federal agencies the APA requires that when the treasury Department intends to create new regulations it must engage in a process known as notice in common that rule making process includes three main steps first the agency must publish a notice of proposed rule making that’s going to inform the public of the proposed regulation and invites comments before issuing the final regulation but here is the potential problem regulations must be in harmony with the statutes and here the individual income income tax law located in title 26 of the US code now if a regulation conflicts or restricts the statute it becomes invalid to the extent of the conflict or restriction so this principle ensures that the regulations align with the legislative intent and so there is the chief problem if say Donald Trump restricted the income tax to some definition that would make no one subject to it the new regulation according to the APA could be stricken down by the Supreme Court because it would essentially negate the entire individual income tax law to which the first argument would be well hey look if the income tax code doesn’t Define individual How can there be an individual income tax law now what I would expect back is a counterargument that hey look they defined it enough everyone knows what an individual is the Court should just apply its common usage which means a single human being as distinguished from a group to which the counter counterargument would be something like this that the definition would mean that every individual in the world would be subject to it why would the US task code apply to citizens of Morocco and then I would expect the counter counter counter argument to be well that’s what the regul ations do they limit individuals to mean just US citizens to which I would counter counter counter counter argue well that’s an admission that the law does not define what an individual is now hey look let’s end this standoff so perhaps I would change course with some strategic lawyering consider this as it is right now the Secretary of Treasury is mandated by section 7601 of the Internal Revenue code to Canvas Americans for unreported income that is go around and try to find this unreported income wherever it could be that is at any time for whatever reason your right to privacy means nothing to the irs’s authority to run a Perpetual stupid campaign now look this violates the Fourth Amendment but the government doesn’t see it that way as it wants your money there is no bar to unreasonable searches and Cesar but why why can’t a new Secretary of Treasury review the law and regulations Say by Scott the tax code has enforced is an affront to the Fourth Amendment which forbids unreasonable searches and seizures and as part of the Constitution Fourth Amendment is the highest law of the land and because I have a conflict between the statute that is title 26 and the US Constitution the Constitution must Prevail therefore the new Secretary of Treasury conclude the only way to make the US Constitution comply with the law is to Define individual as a living person in the US who consents to be taxed now this would of course effectively end it now I would expect the same challenges this definition restricts the statute and undermines the law to which the response is yes it restricts the US tax code so that it comports with the Constitution Now by playing this gamut a pres president Trump would force those who want the US income tax as is to expose themselves they would have to admit that the US tax code is the highest law of a land I think this is a political disaster now then this would create huge leverage Trump could use to get Congress to agree to actually a legislative fix and again even though I expect challenges making sure the IRS only has the powers delicated to it and debated by Cong the Constitution allows now how can Trump enforce tariffs on his own that question is a lot easier to answer as Congress has already given us president the ability to set tariff rates any US president is allowed to set import tariff rates as a function of his authority to manage Foreign Affairs under the US Constitution now the Constitution grants Congress to the power to regulate commerce with foreign Nations but Congress can delegate this power to the president under certain conditions Congress has enacted various statutes that delegate authority to the president to adjust tarff rates and enter into trade agreements for instance the Tariff Act of 1930 and the trade expansion Act of 1962 are two examples of where Congress has provided the president with broad authority to negotiate trade agreements and modify tariffs to implement those agreements the Supreme Court has upheld such delegations of authority as constitutional recognizing that the president has said significant role in foreign affairs and trade negotiations so there it is if he becomes president Donald Trump can effectively end the individual income tax via regulation and replace it with tariffs as it’s a both delegated function from Congress to the executive branch additionally while he was on The Joe Rogan podcast in October of 24 Donald Trump said that outside forces were the ones who wanted the income tax not Americans if he meant what he said he essentially was saying that the IRS is an armed Insurrection against the American people and look there’s an entire mil military code of justice to deal with that situation a military code that Donald Trump would be commanderin-chief of now if you’re interested in ending the abuse of the income tax the the best thing you could possibly do is share and like this comment to raise the frequency levels of Americans and be sure you subscribe so you know when we’re going to go live and we can answer your difficult IRS tax questions and tell you all where this is going this is Anthony paren of Iris medic and I want to thank you for watching Experience Politics

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