Tweet from Congressman Thomas Massie. Falsely claimes federal imcome tax was unconstitutional for most of our country's existance. Oh my dear Congressman Massey... The Founders did in fact debate federal taxation.

The Constitutional Convention (1787) explicitly granted Congress the power to levy taxes (Article I, Section 8), though they preferred indirect taxes (tariffs, excises) over direct ones. Key figures like Alexander Hamilton argued for a strong federal revenue system, while James Madison and Thomas Jefferson were more cautious. However, even Jefferson-despite slashing taxes in 1802-recognized that emergencies (like war) might necessitate new forms of taxation.

By the War of 1812, Madison proposed direct taxes (the states rejected the proposal), and during the Civil War, Congress-including lawmakers steeped in constitutional tradition-passed the first federal income tax (1861).

If the founders truly believed such taxation was unconstitutional, why did their successors implement it without immediate legal challenge?

The 16th Amendment (1913) Settled the Debate

The Supreme Court initially struck down parts of the income tax in Pollock v. Farmers' Loan & Trust Co. (1895), but the 16th Amendment-ratified by the states-explicitly authorized Congress to levy income taxes. If Rep. Massie wants to eliminate the income tax entirely, he isn't just proposing a policy change-he's calling for a constitutional amendment. Does he have the votes for that? Or is this just performative outrage?

The Income Tax Built Modern America - Massie's District Benefits

Without the federal income tax, we wouldn't have:

  • The Interstate Highway System (which connects Massie's Kentucky constituents to national commerce);
  • Social Security (which keeps millions of seniors, including Kentuckians, out of poverty);
  • The GI Bill (which educated generations of veterans);
  • Medicare/Medicaid (which provides healthcare to over 140 million Americans); or
  • NASA (whose innovations gave us satellite GPS, life-saving medical imaging, and lightweight materials used in everything from firefighting gear to athletic shoes).

NASA alone has yielded three transformative benefits to society:

  1. GPS Technology-now essential for navigation, disaster response, and modern agriculture;
  2. Medical Advances-including CAT scans and portable X-ray machines derived from space research;
  3. Environmental Monitoring-satellites that track climate change, hurricanes, and wildfires, protecting lives and property.

Conclusion: A Congressman Should Engage with Reality

If Rep. Massie wants to argue for tax reform, he should do so honestly-not pretend the founders were rigid ideologues who would reject all federal revenue systems. They created a flexible government, knowing future generations would adapt it. Dismissing the income tax as "unconstitutional" ignores both the 16th Amendment and centuries of settled law.

Before posting tweets, perhaps the Congressman should ask himself: Is he seriously proposing a constitutional amendment, or just pandering? Because if he truly believes in originalism, he should respect the amendment process-not just cherry-pick history to suit his agenda.