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Burton Folsom, Jr. is a professor of history at Hillsdale College and FEE’s senior historian. He is the coauthor (with Anita Folsom) of FDR Goes to War (Simon & Schuster) and blogs at www.BurtFolsom.com. ... See All Posts by This Author

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Our Economic Past | Burton W. Folsom Jr.

The Progressive Income Tax and the Joy of Spending Other People’s Money

On August 31, 1910, Teddy Roosevelt traveled to Kansas to make a stirring speech in support of a federal income tax. “The really big fortune,” Roosevelt said, “the swollen fortune by the mere fact of its size, acquires qualities which differentiate it in kind as well as in degree from what is possessed by men of relatively small means. Therefore, I believe in a graduated income tax on big fortunes.”

Those two sentences helped focus the Progressive worldview. First, the United States needed an income tax to capture large chunks of revenue. Second, someone who had a large fortune, “by the mere fact of its size,” had to be treated differently from other wealth holders. Property rights became variable. One group would be treated one way, other groups would be treated another way. Third, the nation needed a “graduated income tax” to redistribute wealth from the haves to the have-nots. The new tax slogan would be “ability to pay.”

Author Delos Kinsman, writing while Roosevelt was president, said, “Individuals should contribute to the support of the government according to ability.” And “income is the most just measure of that ability.” Enlightened leaders like Teddy Roosevelt would redistribute wealth in the national interest.

Roosevelt’s thinking was a profound change from the views of the Founders. To them, government existed to protect property, not redistribute it. Americans had a right to pursue life, liberty, and property, not an entitlement to it. Thus the Founders never considered raising revenue through an income tax, least of all a graduated one. They wanted consumption taxes—levies on imports or on luxury goods. Why? Because, as Alexander Hamilton said in Federalist 21, “The amount to be contributed by each citizen will in a degree be at his own option, and can be regulated by an attention to his resources.”

Hamilton added, “If duties are too high, they lessen the consumption; the collection is eluded; and the product in the treasury is not so great. . . . This forms a complete barrier against any material oppression of the citizens by taxes of this class, and is itself a natural limitation of the power of imposing them.”

American law also reinforced the use of consumption taxes. “All duties, imposts and excises shall be uniform throughout the United States,” the Constitution reads. What could be more uniform than Congress’s first excise tax of seven cents a gallon on all whiskey produced in the United States?

Not Good Enough

Progressives, however, disliked consumption taxes as the major source for revenue. They were too small, too cumbersome to collect, and sometimes too regressive—wealth never properly redistributed itself through consumption taxes. Taxes on whiskey, tobacco, and imported olives from Spain shifted very little, if any, wealth from rich to poor. In 1913 the House Ways and Means Committee observed that federal revenue rested “solely on consumption. The amount each citizen contributes is governed, not by his ability to pay taxes, but by his consumption of the articles needed.” Swollen fortunes, as Roosevelt might say, went untaxed and became more swollen while some immigrants lived in poverty.

The Sixteenth Amendment was ratified in 1913, giving Congress the “power to lay and collect taxes on incomes from whatever source derived.” It did not rule out “ability to pay” as the basis for the levy. The amendment became law just as Woodrow Wilson was coming into the presidency. As a Progressive, Wilson wanted to start small, establish a precedent, and then increase rates over time. Under the new tax law, exemptions were so high that few Americans earned enough to pay any tax. Rates started at 1 percent and rose slowly to a high of 7 percent on all income over $500,000.

Progressives easily sold this tax plan to the voters. Fewer than one American family in 100 paid anything, but politicians could promise audiences that they might receive benefits from the revenue. And who would dare to suggest that billionaire John D. Rockefeller did not have the ability to pay 7 percent of his huge income to the government?

Ability to Pay

Yet that raises an interesting question. At what tax rate did Rockefeller, or other wealthy men, cease to have the ability to pay? If they could pay 7 percent, could they pay 15? Apparently so, because in 1916 Wilson and Congress raised the top rate to 15 percent. Unlike with a consumption tax, under the income tax politicians judge ability to pay and they choose the rates they think rich people can afford. If politicians choose rates too high they may lose the support of the rich, but they may gain support of those larger groups receiving subsidies from the tax revenue. If wealth really needs to be redistributed, should we trust people to do it with their own money or politicians with other people’s money?

Rockefeller, for example, was the best and cheapest oil refiner in the world. His charitable giving included the Erie Street Baptist Church, a cure for meningitis, and funding for Tuskegee Institute. That was how he redistributed his own wealth. Andrew Carnegie, the steel baron, built libraries, and banker Andrew Mellon built the National Gallery of Art in Washington, D.C. In the political realm, President Franklin Roosevelt supported high taxes and gave subsidies to silver miners, farmers, and the Tennessee Valley Authority to make cheap electric power.

Charitable givers and politicians both pursue their self-interest, but the politician’s self-interest includes winning votes. That means, if possible, channeling subsidies to voting groups to win reelection at the expense of taxpayers in general. Rockefeller’s gifts to Tuskegee did not cost anyone but him any money. FDR’s subsidy to silver miners, by contrast, cost millions of taxpayers small amounts of tax revenue. It helped FDR carry several western states each time he ran for president. His redistribution efforts were essential to his being reelected.

Thus U.S. politicians had incentives to steadily increase the income tax in the 1900s. The top rate went from 7 to 15 percent in Wilson’s first term. World War I took it over 60, then over 70 percent. It didn’t drop below 50 percent until 1924, and was about 25 percent the rest of the decade. The rate rose to 63 percent in 1932 under Herbert Hoover and then 79 percent in 1935. The World War II years pushed it over 80 percent, and in 1945, FDR’s last year in office, the top was 94 percent on all income over $200,000. Wealthy people apparently had a very high ability to pay, and politicians had a very high desire to fight wars and win elections.

There Are 6 Responses So Far. »

  1. Like the grim-reaper, the tax-man commoth. Hate it, hate it, hate it. The taxman is like the highwayman or Judge Roy Bean in Pecos, Texas. If the dead had $7 in his pockets, that was what the Judge charged the corpse for littering the street. Convert you money from electonic to paper, from paper to silver. Put it in the living hands of your spouse and children and die poor so the government can’t get it.

  2. Thank you, Mr. Folsom, for an easily understood essay. Another thing about Theodore Roosevelt was he got the US into foreign affairs we should have not gone into. Now, 100 years later, we are broke and are borrowing on future generations lives to pay for endless war.

    And I agree with Ms. Kosling and say that the government can’t tax what you don’t have. My advise is to make enough to live on and not let the looters have any spoils to take.

  3. A very concise and informative history lesson. We forget, most of us having lived solely under the social-welfare state and progressive taxation, that there ever was a time when the US government did not hold so much sway over our lives and pocket books; down to the kinds of light bulbs we can buy and how much water our toilets use for a flush!

  4. Prof.Folsom,good article,but missing a few points. First of all the Income tax is only about 1/3 of what the Federal Govt.takes in. 2nd, the Income Tax was set up,at the same time,along side the Federal Reserve banking system to act as a collection mechanism for interest on the National Debt. This debt was created by the bankers by issuing debt backed fiat currency into the money system. In reality,the Income Tax is a transfer of wealth,not to the politicians, but to the bankers that own and control the Federal Reserve banking system. The bottom line is that the IRS is basically a collection agency for the Federal Reserve banking system and the bankers who control it. Also,it must be noted that there are about 600 super rich families that own and control most of the wealth of America. This is done through corporations,foundations.endowments and trusts. Most of these organizations are non-profit and therefor pay little or no taxes. Thus the super rich have tied up most of their wealth in organizations that the IRS cannot touch. In the end its the productive middle and upper middle classes that have their wealth stolen to fund the welfare state. All the class warfare nonsense spoken by the Progressives of 100 years ago was just a smoke screen to dupe the American Public into supporting the implementation of an income tax. In reality, TR and FDR and their ilk were fronting for the elites of the time.

  5. To add to what Libertarian Jerry said, when Theodore Roosevelt became president, he used the Sherman Anti-Trust Act to break up Standard Oil (Rockefeller). When Taft became president, he used the Sherman Anti-Trust Act to break up US Steel (Morgan-financed) and International Harvester (Morgan). This so enraged Morgan that he created the Progressive Party (nicknamed the Bull Moose Party). One of his corporate lawyers, George Perkins, was chosen to head it. Theodore Roosevelt ran as its candidate in 1912. Morgan knew this would split the vote and allow Wilson to become president (Wilson also is a Morgan tool).

    So Taft, who passed the income tax amendment, and Wilson, who created legislation for it, were both the tools of powerful men, Rockefeller and Morgan, who knew they would be getting back farm more money through the cartelizing means of government than any income tax would take from them.

  6. [...] the ‘power to lay and collect taxes on incomes from whatever source derived’,” writes Burton Folsom,  Jr., at the Freeman. “It did not rule out ‘ability to pay’ as the basis for the levy. The amendment [...]

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