The Sixteenth Amendment
And no apportioned direct tax has been enacted since 1861. The Sixteenth Amendment is often said to have given Congress the power to tax income, but Congress always had that power. The question answered by the Amendment was whether an income tax is a direct tax that has to be apportioned.

What does the 16th amendment of the US Constitution say?

Amendment XVI The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

Why was there a need for an income tax amendment?

A constitutional amendment was necessary because the Supreme Court had struck down the earlier income tax as unconstitutional. But the process of amending the Constitution made this difficult. First, the income tax amendment would have to pass both houses of Congress by two-thirds majorities.

When was the income tax added to the Constitution?

The amendment was ratified in 1913, clearing the legal hurdles to an income tax. Unsurprisingly, an income tax was levied that very year. The legislation was again taken up in front of the Supreme Court. On January 24, 1916, the court ruled that income taxes were now legal—due to the constitutional changes.

How did the 16th Amendment change the tax system?

The 16th Amendment changed a portion of Article I, Section 9 The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. Keep Reading Read Interpretations of the 16th Amendment Learn More More about 16th Amendment

Is the income tax unconstitutional under the Constitution?

Ever since, the courts have emphasized that the Amendment gave the federal government no new power to tax. All it did was remove from consideration the source of income being taxed and thereby eliminate a restriction on Congress’s taxing power.