
The 16th Amendment to the U.S. Constitution, which established Congress's right to impose a federal income tax, was passed by Congress on July 2, 1909, and ratified on February 3, 1913. The amendment was first proposed by Senator Norris Brown of Nebraska, and it was the first change to the Constitution since the passage of the 15th Amendment. The 16th Amendment was a direct consequence of the 1895 Supreme Court case of Pollock v. Farmers' Loan & Trust Co., in which the Court held that Congress's attempt to tax incomes uniformly across the United States was unconstitutional.
| Characteristics | Values |
|---|---|
| Date proposed | June 16, 1909 |
| Date passed by Congress | July 2, 1909 |
| Date ratified | February 3, 1913 |
| Date took effect | February 25, 1913 |
| Amendment number | 16th |
| Amendment type | Joint Resolution |
| Amendment name | Amendment XVI |
| Amendment topic | Federal income tax |
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What You'll Learn
- The 16th Amendment was ratified on February 3, 1913
- It established Congress's right to impose a federal income tax
- The amendment was passed by Congress on July 2, 1909
- It was the first change to the Constitution since the 15th Amendment
- The 16th Amendment was a rejection of Pollock's definition of direct tax

The 16th Amendment was ratified on February 3, 1913
The 16th Amendment to the U.S. Constitution, ratified on February 3, 1913, was a significant development in the country's fiscal policy. It established Congress's right to impose a federal income tax, a power that had been previously restricted by the Constitution's apportionment rules. The amendment was proposed in 1909 by Senator Nelson W. Aldrich of Rhode Island, the Senate Majority Leader, and Finance Committee Chairman, as part of the congressional debate over the Payne-Aldrich Tariff Act. Aldrich aimed to temporarily defuse progressive calls for new taxes within the tariff act.
The 16th Amendment's proposal and eventual ratification were the direct consequence of the Supreme Court's 1895 decision in Pollock v. Farmers' Loan & Trust Co. The Court ruled that Congress's attempt to tax incomes uniformly across the United States was unconstitutional. It held that a tax on incomes derived from property was a "direct tax," which Congress could impose only by the rule of apportionment according to population. This ruling presented a challenge to Congress's ability to levy income taxes effectively.
The 16th Amendment addressed this issue by specifically authorising Congress 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." This amendment ensured that Congress could impose income taxes without being constrained by the population-based apportionment rules outlined in Article I, Section 8, and Article I, Section 9 of the Constitution.
The ratification process for the 16th Amendment was completed on February 3, 1913, when the requisite number of states (36 at the time) ratified it. Delaware was the final state to approve the amendment, joining Wyoming and New Mexico in ratifying it into law. This amendment had a far-reaching impact on the social and economic landscape of the United States, becoming a pivotal moment in the nation's fiscal history.
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It established Congress's right to impose a federal income tax
The 16th Amendment to the United States Constitution was ratified on February 3, 1913. This amendment established Congress's legal authority to impose and collect a federal income tax from citizens. The amendment states: "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."
Prior to the 16th Amendment, the federal government primarily relied on tariffs and excise taxes for revenue. However, the need for a more stable and consistent source of income became apparent in the late 19th and early 20th centuries as the government expanded its responsibilities and faced the challenge of funding projects like infrastructure development and military endeavors.
The idea of an income tax was not new, as it had been proposed and even temporarily implemented during the Civil War. However, the Supreme Court's ruling in the case of Pollock v. Farmers' Loan & Trust Co. (1895) effectively struck down a key aspect of the Income Tax Act of 1894 and limited the federal government's ability to levy income taxes. The Court held that taxes on rents from real estate, including income from property, were essentially direct taxes and thus had to be apportioned among the states based on population. This decision created a need for a constitutional amendment to overcome the Court's interpretation and allow for a broader income tax.
The 16th Amendment resolved the apportionment issue by explicitly granting Congress the power to impose income taxes without apportioning them among the states. It removed the requirement for direct correlation between a state's population and the taxes it pays, allowing for a more uniform and broad-based tax system. With the amendment in place, Congress could enact legislation to establish a comprehensive income tax.
The Revenue Act of 1913, passed shortly after the ratification of the 16th Amendment, introduced the modern income tax system in the United States. This Act imposed a 1% tax on net personal incomes above $3,000, with a graduated rate structure that increased the tax rate for higher income levels. The Act also introduced taxes on the incomes of corporations and estates, as well as a gift tax. While the rates and exemptions have changed over time, the foundation of the federal income tax system established by the 16th Amendment remains in place today.
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The amendment was passed by Congress on July 2, 1909
The 16th Amendment to the U.S. Constitution, passed by Congress on July 2, 1909, was a significant development in the country's fiscal policy. It established Congress's right to impose a federal income tax, a power that had been previously limited by the Constitution's Article I, Section 9, which stipulated that taxes must be apportioned among the states according to their populations. This amendment addressed the "direct tax dilemma" by specifically stating that Congress could lay and collect taxes on incomes "from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
The road to the 16th Amendment's passage began in 1895 with the Supreme Court case of Pollock v. Farmers' Loan & Trust Co. The Court's ruling in this case restricted Congress's ability to impose income taxes uniformly across the nation, deeming taxes on incomes derived from property as "direct taxes" subject to the rules of apportionment. This decision prompted concerns among members of Congress that economic power was becoming concentrated in the hands of the wealthiest Americans.
In 1909, President William Howard Taft proposed a 2% federal income tax on corporations, and Senator Norris Brown of Nebraska introduced the first proposals for a constitutional amendment to enable this. The amendment proposal that was ultimately accepted, Senate Joint Resolution No. 40, was introduced by Senator Nelson W. Aldrich of Rhode Island, the Senate Majority Leader, and Finance Committee Chairman. Aldrich proposed the amendment as part of the congressional debate over the 1909 Payne-Aldrich Tariff Act, aiming to temporarily defuse progressive calls for new taxes within the act.
The 16th Amendment passed Congress on July 2, 1909, after a five-hour debate, with a vote of 318-14 and 55 members not voting. However, it would still need to be ratified by three-fourths of the states to become part of the Constitution officially. Despite initial doubts about its likelihood of ratification, the amendment was ratified by the requisite number of states on February 3, 1913, with the final certification occurring on February 25, 1913, by Secretary of State Philander C. Knox.
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It was the first change to the Constitution since the 15th Amendment
The 16th Amendment to the U.S. Constitution, which established Congress's right to impose a federal income tax, was passed by Congress on July 2, 1909, and ratified on February 3, 1913. It was the first change to the Constitution since the 15th Amendment, which was ratified on February 3, 1870, and granted African American men the right to vote.
The 15th Amendment, which states that the "right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude," was a significant step in the struggle for racial equality in the United States. It was passed by Congress on February 26, 1869, and ratified on February 3, 1870.
The 16th Amendment, on the other hand, addressed economic policy rather than civil rights. It was proposed in response to the 1895 Supreme Court case of Pollock v. Farmers' Loan & Trust Co. and the growing calls for a progressive income tax. The amendment's ratification in 1913 marked a significant shift in the American way of life, as it settled the constitutional question of how to tax income and empowered Congress to levy an income tax without apportioning it among the states based on population.
The process of ratifying the 16th Amendment began with its passage by Congress in 1909. However, it was not until February 1913 that the amendment took effect, with the certification by Secretary of State Philander C. Knox. The delay occurred because the amendment needed to be ratified by three-fourths of the state legislatures, as required by the Constitution for any amendment to become part of the Constitution.
The 16th Amendment's impact extended beyond economics, as it also had far-reaching social implications. It demonstrated a shift in the balance of power and represented a victory for progressives in Congress, who had advocated for an income tax to address the consolidation of economic power among the wealthiest Americans.
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The 16th Amendment was a rejection of Pollock's definition of direct tax
The 16th Amendment to the U.S. Constitution, which established Congress's right to impose a federal income tax, was passed by Congress on July 2, 1909, and ratified on February 3, 1913. It was the first change to the Constitution since the passage of the 15th Amendment.
The 16th Amendment was a response to the 1895 Supreme Court case of Pollock v. Farmers' Loan & Trust Co., in which the Court struck down an income tax on the grounds that it was a "direct tax" but was not apportioned. The Court's decision in Pollock provoked enormous popular outrage, as many legal observers believed the Court had erred in designating some income taxes as direct taxes. This outrage ultimately led to the passage of the 16th Amendment, which effectively overruled the Supreme Court's ruling in Pollock.
In Pollock, the Court held that a tax on incomes derived from property was a "direct tax," which Congress could impose only by the rule of apportionment according to population. The 16th Amendment rejected this interpretation by allowing Congress to levy an income tax without apportioning it among the states on the basis of population. The whole purpose of the 16th Amendment was to relieve all income taxes from the requirements of apportionment and consideration of the source of the income.
Courts have largely abandoned the permissive interpretation created in Pollock, and subsequent cases have viewed the 16th Amendment as a rejection of Pollock's definition of "direct tax." The 16th Amendment introduced an additional consideration to analysis under the Apportionment Clause, requiring plaintiffs to establish not only that a tax is a direct tax but also that it is not an income tax. The adoption of the 16th Amendment put an end to speculation about whether the Court would reverse its holding in Pollock without a constitutional amendment.
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Frequently asked questions
The 16th Amendment was added to the US Constitution on February 3, 1913.
The 16th Amendment allows Congress to impose an income tax on individuals and corporations without apportioning it among the states on the basis of population.
The 16th Amendment was introduced in 1909 to remedy the "direct tax dilemma" related to Article I, Section 8. It was ratified in 1913.
The 16th Amendment had far-reaching social and economic impacts. It changed how the national government was funded, with income tax becoming a significant source of revenue.
The 16th Amendment was passed by Congress on July 2, 1909, and ratified on February 3, 1913, by three-fourths of the states.

























