
So, Erick Erickson decided to make a big push against SOPA today, again bringing out the primary threat card. I also had a post on SOPA and PROTECT IP today.
We were heard. On the House side, Speaker John Boehner echoed Majority Leader Eric Cantor, and said the committee needs to find consensus before the bill can get a vote. And again, conservatives like Darrell Issa, Justin Amash, and Jason Chaffetz aren’t going to lie down and quit. So as long as Boehner and Cantor are true to their words, SOPA is dead in the House this Congress.
On the Senate side, of the 16 Republicans co-sponsoring PROTECT IP, I’ve received word of six of them changing their minds. Kelly Ayotte, Roy Blunt, John Boozman, Chuck Grassley, Orrin Hatch, and Marco Rubio are dropping their support. Moe was keeping track, but I think Ayotte flipped after the posted.
The threat of electoral consequences is all a politician will listen to. Democrats know that the online left won’t lift a finger, so Democrats are still backing SOPA and PROTECT IP, much to Markos Moulitsas’s disappointment. We stood on principle, while Daily Kos just whined. We got results, he got blown off.
Erick even tried to make this a bipartisan thing, where both sides would primary the SOPA and PROTECT IP supporters, but he got crickets.
Lamar Smith remains primary target number one though, as he does his best impression of the Saddam Hussein Ministry of Propaganda. The Allies are not in Iraq! SOPA is still in control of the country! It’s all lies! Also, Lamar Smith is himself an E-PARASITE. Will he resign and report to prison?
And remember: being against the SOPA/PROTECT IP plan is not the same as being pro-infringement. There are better, more workable ideas.
I started talking about PROTECT IP last May, back when the Kos left was all in favor of Internet regulation. So I’m staying ahead of the game and will continue to beat the drum about the next fight: national and Internet sales taxation. There’s a plan gaining steam called the Marketplace Fairness Act, and we all know what it means when people talk about “tax fairness:” Grab your wallet.
Governors love the plan, no, really, as it’s a way of raising taxes while claiming you’re not raising taxes. That saves them a political fight to cut spending.
They then resort to personal attacks on the opposition, by claiming they’re “evaders” or “cheats” or other such nonsense. Those shameful attacks change the subject from the undeniable fact that the Constitution reserves the regulation of interstate commerce to the Congress. Without an interstate compact, state attempts at interstate taxation defy the Constitution and are illegal.
Beware the compact plans currently coming about though. Demand that they contain safeguards, such as the compact being dissolved immediately, or state accession documents requiring the states to withdraw immediately, in the event of a national sales tax plan, in the style of the Canadian HST. Demand that tax rates be limited. Tell these sponsors that you oppose back-door national sales taxes with the full brunt of income tax left in place.
News flash: it’s not illegal for Google to do something just because you don’t like it. It annoys me that there are people who want to bring government into this. Bunch of whiners. Use something else if you don’t like it. Grow up!
Bad spectrum regulations harm access to the Internet. Yes, yes they do. I’m not going to adopt the language of these groups and say it’s a “civil rights issue,” but I agree that we need more competition. And that means less regulation and smaller government, not a runaway Justice and FCC. We need to let firms large and small get the spectrum they need.
Victoria Coates
Daniel Horowitz
True, the online left won't lift a finger
calivancouver Thursday, January 19th at 12:33AM EST (link)Or in this case, the lever arm of a voting machine. Which has actual consequences
Please stop the online sales tax
asap100 Thursday, January 19th at 1:45AM EST (link)I like saving money by shopping online , the states are just pissed they can’t charge an extra 8%, 10% on everything I buy .
I do think the SOPA protest on Wikipedia helped, this made a good amount of people who had no idea what it was, understand what SOPA is .
Thank you right wing – since I was raised hard core Democrat I can’t believe I said that
What state do you live in? Because that doesn't save you money in most states.
jakeofalltrades (Diary) Thursday, January 19th at 1:49AM EST (link)You still owe the tax. You have to pay it every year. They can come get you if you don’t.
Except you don't
Neil Stevens (Diary) Thursday, January 19th at 2:39AM EST (link)It’s unconstitutional.
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I never knew use taxes were unconstitutional, Neil.
jakeofalltrades (Diary) Thursday, January 19th at 10:53AM EST (link)Please share.
I apologize, Neil.
jakeofalltrades (Diary) Thursday, January 19th at 11:04AM EST (link)You do not deserve that snark.
States that have sales taxes have use taxes to cover all products brought into the state that were not subject to a sales tax. Those are constitutional and are usually the same amount.
In most states, the use tax is due annually. Some states, like Vermont, require monthly payment.
And that's why it's unconstitutional
Neil Stevens (Diary) Thursday, January 19th at 11:34AM EST (link)There’s no authority to tax interstate commerce there.
They can claim it’s due annually, daily, or anything in between. It’s illegal.
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They aren't taxing interstate commerce, Neil.
jakeofalltrades (Diary) Thursday, January 19th at 11:36AM EST (link)They are taxing the use of the item within the state. They also grant an exemption for items that were subject to tax out of state. Each of those provisions is perfectly constitutional.
Actually, the exemption from use tax
jakeofalltrades (Diary) Thursday, January 19th at 11:40AM EST (link)doesn’t depend on whether it’s an out-of-state purchase, but rather, whether a tax was already paid on it. Use tax also covers in-state purchases if sales tax wasn’t paid.
Again, where's the authority?
Neil Stevens (Diary) Thursday, January 19th at 11:42AM EST (link)Show me where in the constitution it says they can apply a use tax on things bought from out of state?
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States don't need a grant of authority from the Constitution; only the federal government.
jakeofalltrades (Diary) Thursday, January 19th at 11:48AM EST (link)Since when are one-time property taxes illegal? Because that is what a use tax is.
Here's the Supreme Court's view:
jakeofalltrades (Diary) Thursday, January 19th at 11:50AM EST (link)“Unlike imposts and duties, which are essentially taxes on the
commercial privilege of bringing goods into a country, such
property taxes are taxes by which a State apportions the cost of
such services as police and fire protection among the
beneficiaries according to their respective wealth; there is no
reason why an importer should not bear his share of these costs
along with his competitors handling only domestic goods. The
Import-Export Clause clearly prohibits state taxation based on the
foreign origin of the imported goods, but it cannot be read to
accord imported goods preferential treatment that permits escape
from uniform taxes imposed without regard to foreign origin for
services which the State supplies.”
If it's a property tax...
Neil Stevens (Diary) Thursday, January 19th at 12:15PM EST (link)Then why are sales taxed items exempt?
Sorry no, that argument doesn’t hold water either.
Come, cut the lefty talking points. Every conservative governor who cares about this issue has stood up and said a Constitutional compact is needed.
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I wasn't arguing in favor of use taxes.
jakeofalltrades (Diary) Thursday, January 19th at 12:21PM EST (link)I don’t like any taxes except for land use taxes to discourage land-grabbing. But asap100 is mistaken if she thinks she does not owe a tax and is saving money by shopping online.
You're arguing for their legality
Neil Stevens (Diary) Thursday, January 19th at 12:29PM EST (link)And that’s a position that’s just not supported by a plain reading of the Constitution, or by the positions of Governors Barbour, Daniels, and Haley who all seem to be supporting a compact.
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I'm arguing that their legality will never be successfully challenged.
jakeofalltrades (Diary) Thursday, January 19th at 12:35PM EST (link)If they could be, someone would have done it in the last few centuries.
But I could be wrong.
jakeofalltrades (Diary) Thursday, January 19th at 12:37PM EST (link)What provision in the Constitution do you think prohibits states from taxing property in the state equally without regard to whether it came from a foreign country, another state, or from within it?
About forcing retailers to collect sales tax though, you have always been right:
jakeofalltrades (Diary) Thursday, January 19th at 12:42PM EST (link)That is unconstitutional.
Guess which Govenor voted against the online sales tax in his state?
avagreen Thursday, January 19th at 11:06AM EST (link)As a source of additional revenue for his state?
Don’t think I have to elaborate, do I?
Rick Perry STILL! doesn’t have or need blood. He is filled with magma.
Rick Perry uses his bare hands to hunt.
Countdown Until Obama Leaves Office.
As long as I've been coming here
devCharles Thursday, January 19th at 2:13AM EST (link)I’ve got to say that I haven’t always seen eye to eye with you guys, but that being said, you’ve been doing god’s own work on SOPA and PIPA for the last couple months.
Cliff Stearns (my representative) has been pretty quiet on this whole issue, so I’m hoping no news is good news with him. I’m super proud of Rubio for backing off of it though.
“If you analyze it I believe the very heart and soul of conservatism is libertarianism.” – Ronald Regan
Kos got blown off because
ajfromla Thursday, January 19th at 10:45AM EST (link)Dems never, EVER get rid of one of their own. The moguls and the labor unions may throw hissy fits for the media and the Republican suckers, but they will not throw out their “good friends” – and their politicians KNOW it.
Anectdote: 17 yr old who never follows politics
earlgrey (Diary) Thursday, January 19th at 11:28AM EST (link)freaked out about SOPA. Got a relative staying with us and she is totally against SOPA. She goes on to say that “they are trying to take everything away, we need to go back to how things were in the old days”. I am not sure what she means by that, but Republicans if they were smart could attract some youth voters by standiing firm on freedom of speech on SOPA — IMO.
She doesn’t know who is pushing it — although I discussed it some with her.
Orrin Hatch dropping support
utahtim Thursday, January 19th at 12:38PM EST (link)Sen. Hatch’s election year conversion from Copyright maximalism may have something to do with this Facebook posting by his Republican Primary opponent Dan Liljenquist. Said Liljenquist:
“I want to be clear: I oppose SOPA and PIPA. The current versions violate the Constitutional provisions of due process and free speech. I find it unfortunate that Orrin Hatch has decided to co-sponsor PIPA. Hatch’s stance has been clear for years, however, as he has advocated destroying computers as a way to “teach somebody about copyrights” as far back as 2003. As I have traveled the state over the last several months, the clear and consistent message from the citizens of Utah is firm opposition to both of these bills.”