This is the Amendment that allegedly entitled the Federal Agent (government) in the federal territory of Washington, D.C. and their private collection company, the IRS, to collect "income tax" as falsely declared to be ratified in February 1913.
After an exhaustive year long search of legislative records in forty-eight sovereign states (Alaska and Hawaii weren't admitted into the Union until after 1913). The only record of the 16th Amendment having been confirmed was a proclamation made by Secretary of State Philander Knox on February 25, 1913, wherein he simply declared it to be "in effect," but never stated it was lawfully ratified.
Even if the 16th Amendment were properly ratified, according to Article 1, Section 9 of the Constitution, it has always been unconstitutional for the U.S. Federal Government to directly tax We the People in our property, wages, salaries and earnings. The judges of the U.S. Supreme Court rejected any claims that the 16th Amendment changed the constitutional limits on direct taxes in Brushaber v. Union Pacific R.R. Co., 240 U.S. 1 (1916), when they ruled that it "created no new power of taxation" and that it "did not change the constitutional limitations which forbid any direct taxation of individuals."
After investigating the history of the 16th Amendment, the following defects were found in the ratification of the Income Tax Amendment by the forty-eight states then existing, three-fourths of which (thirty-six) were needed to ratify it:
- Not ratified by state legislature and so reported
- Not ratified by state legislature, but reported as ratified
- Missing or incomplete evidence of ratification, but reported as ratified
- Failure of Governor or other official to sign, although required by State Constitution
- Other violation of State Constitution in ratification process
- Other procedural irregularity making ratification doubtful
- Approval, but with change in wording, accepted as ratification of original version
- Approval, but with change in spelling, accepted as ratification of original version
- Approval, but with change in capitalization, accepted as ratification of original version
- Approval, but with change in punctuation, accepted as ratification of original version
Accumulated: A running tally of states with defects, from Defects 1 through 10
Note that in the above we are counting Ohio as a state, even though it was not admitted into the Union until 1953 (retroactively, which is expost facto, and unconstitutional). We are not counting the failure to designate the Income Tax Amendment as the "XVII" amendment, since there was arguably a 13th Amendment that was ratified but which is not published in official copies of the Constitution with Amendments, and the number is not necessarily part of the amendment (It wasn't part of the first 10.).
The authority usually cited for the criticality of ratification without errors of spelling, capitalization, or punctuation, is from DOCUMENT NO. 97-120, of the 97TH CONGRESS, 1st Session, entitled How Our Laws Are Made, written by Edward F. Willett, Jr. Esq., Law Revision Counsel of the United States House of Representatives, in which the comparable exactitude in which bills must be concurred under federal legislative rules is detailed:
The states could, of course, re-ratify the Income Tax Amendment, but they could not do so retroactively. That would allow re-enactment of the Internal Revenue Code, and re-issuance of all the supporting regulations, but none of them could apply to the period prior to proper ratification of the amendment and due notices of the regulations.
Readers are invited to independently confirm or refute these results and to similarly investigate the ratifications of other constitutional amendments, both at the federal and state levels, and to issue similar reports on what they find.