The Declaration of Independence is often misunderstood, which I wrote about here. One of the most important, yet overlooked, sections of the document is the list of indictments against King George III. The indictments are further evidence that the Declaration was never meant to be a revolutionary statement. From the Magna Carta to the colonial constitutions, George III was indicted for violating existing laws. Jefferson listed a total of 27 indictments against the King. Throughout February, we’re going to look at one indictment a day, why it was levied, and why it is still relevant.
Indictment #17 reads as follows:
For imposing taxes on us without our consent:
Why was the indictment levied: The colonial government was in severe debt after the Seven Years War (French and Indian War) and needed to impose duties (taxes) to pay such debt. These taxes tended to disproportionately affect the colonies. Taxes on glass, paper (stamps), painter’s colors, and tea were all imposed without any legislative say from the colonies.
The colonies were already paying significant taxes through the Sugar Act and the Navigation Acts. Limits on the authority of the monarch were established dating back to the English Bill of Rights. The monarch, King George III, could not tax without representation from the colonies. Jefferson, who was not acting revolutionary, recognized this, and indicted the King based on the fact that he was “imposing taxes on us without our consent.” The Boston Tea Party was a direct result of the King’s actions.
Why is this important today: This is something that gets lost in modern tribal slogans. The founders were not anti-taxation. They understood that duties and taxation were essential to keep functions of a federal republic running. They also understood that taxes must be a fair representation of the citizens that they draw from.
The Patient Protection and Affordable Care Act (Obamacare) was declared constitutional by the United States Supreme Court based on the fact that the Supreme Court declared it a tax. Fair enough, right? But taxes must originate from the House of Representatives, not the Senate where Obamacare spawned. The 17th Amendment created an unnecessary duplicate branch of government via direct election of Senators, but constitutional representative taxation did not change. The people have a say in Federal taxation, not the state as a whole.
Invisible taxes are also an example of taxation without representation. Inflation is a tax that you have no control over. The Federal Reserve can inflate money without any representative say. This makes your savings worth less, your assets worth less and your property worth less. Printing more money is a direct tax against everything you own, and it is taxed “without our consent.”