Wednesday, April 13, 2011

Durbin (IL-D) To Introduce Bill on Forced Internet Retail State Sales Tax – State of Maine Legislature Passes Sovereignty Resolution


Indiana Takes Advantage of Illinois Taxing Climate: image theblaze.com

Illinois Democrat State Senator, Dick Durbin is set to introduce a bill on the floor of the Senate today that would force Internet companies such as Amazon.com to collect state sales tax from consumers. (CNET News). The fact that a Federal elected official finds no qualms about interring in the free market and the individual state’s ability or inability to affect a business model is somewhat chilling. Understanding that certain business may be struggling in states where excessive taxes may induce the individual to purchase via mail order (the web), and that States with deep debt would benefit, belies the fact that federal interference is stepping on the U.S. Constitution.

Case in point, in 2009, the Commonwealth of Massachusetts sought to force the State of New Hampshire to collect sales tax from the company , Town Fair Tires, with the result that the Massachusetts Supreme Court, one of the most constitutionally interpretive courts in the nation, shot down the Bay State’s suit. Although the Court side-stepped the Commerce Clause, rather pointing to the fact that one could not specifically know where a consumer might use a product, therefore, Massachusetts could not collect sales tax from cross border retail entities (these were tires mind you), the message was clear – don’t overstep and drag the Supreme Court into this mess.

In April of that year, Governor Deval Patrick and the Massachusetts State Legislature had just passed a round of new taxes and fees, on everything from meals to telecommunications (cable, Internet, cell phones), and these were followed in 2010 by an increase in the State Sales Tax (25%). Enough is never enough in the Commonwealth – which – apparently is the model for the Federal Government as of late (See Health Care, Patrick’s Campaign style as a model for Obama’s Presidential run (beware the Independent Candidate in 2012).

That said certain State Legislatures have been pushing back at Federal Interference. Beginning in April of 2009 (at the same time Massachusetts was passing massive tax increases), Governor Rick Perry (R-TX), passed the first States Sovereignty Laws. Other states followed suit, with twenty-one States having passed similar resolutions in 2009. The latest State Legislature to announce its intent to declare itself free from unconstitutional federal interference is theState of Maine (Press Herald Portland).


Maine - a possible Safe Haven - image travelpod.com

Both Maine and New Hampshire, incidentally are not only retail, but vacation and change in lifestyle destinations for those overly taxed Massachusetts Residents. So much so that a loss of population in Massachusetts (or slow growth to be precise), has cost the Commonwealth a Seat at the Federal Table. One of the Massachusetts Congressional Districts must go, the question still remains, through redistricting, which District? Massachusetts is chock full of dedicated tax and spend with no restraint Democrat Lawmakers who held previously powerful positions up until this past November, 2010. In charge of the Congress (which pays the bills and spends the cash), these Democrats owned the purse strings from 2006 - a fact so often glaringly left out of so much finger pointing at everyone but, that these Representatives should be carrying mirrors with them at every turn in order to set the record straight. They are all, to some measure, from Richard Neal to Barney Frank, to Nicki Tsongas all responsible for the fiscal mess in which our nation finds itself. In fact, it is rare that a press release or mention of the current MA2 district’s Richard Neal does not include a new grant, new monies given to this or that, from the Federal Government – or as one would accurately put it, the same Massachusetts Tax Payer who is already taxed to the teeth (that may be next).

Therefore with yet another of Illinois Finest (Tax and Spend) Politicians is at the gate ready to tax, so one must understand where the earnest Senator receives the most financial support: Lobbyists, Lawyers, Insurance, Pharmaceuticals, Business Services, Commercial Banks – all give generously to Dick Durbin (explains votes on Health Care, Bank Bailouts, etc.) It is not that the august Senator Durbin is any different than any other one of the clowns in the Senate (with some glaring exceptions – see Budget Fixer Paul Ryan (KY-R) to notice the difference between the “haves of Durbin” and those that may not “take so much” (all previous source Open Secrets.org)

It comes down to who the particular Senator feels they are personally, and what they think they can get away with by virtue of the same, and how much they might “owe” the lobbyists or special interest groups for which they are in a particular tank.
Frankly, Dick Durbin should look to his own State of Illinois to find that the loss of population was perhaps not due to a fiscally conservative form of governing and that assessing more taxes, on the back of the middle class (whom the Democrats are always “trying to protect”), is worthy of criticism.

What is perhaps, most amazing, is that those in key positions within the Democrat Machine, as well as certain members of the Republican caucus, have short memories, and/or are delusional in respect to the impact of the 2010 mid-terms and the fact that the people continue to be aggrieved by the lack of understanding on the part of such allegedly bright individuals. There has to come a time, when enough is enough, and business and government separate (corporate welfare another subject), the free market prevails, and the United States Federal government gets back to business (the ordinal intent of its role in the grand scheme of things). Paul Ryan gets it, there are those that “get it”, and now, somewhere on the horizon there may be a new President elected in 2012 that understands and supports the Constitution and is not afraid to make those tough choices, popular or not, that removes those grants to study scallops, or to build high speed rails that no one will use… the list is endless.

There may be only one option left: move to Maine – it’s a big state!

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