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Hal, you really should learn some history and law before masquerading as an expert.
An amendment to the Constitution can not be unconstitutional by definition. To become approved it must be ratified by 3/4 of the states. This is spelled out in the Constitution and is the only way the document can be amended, and once properly ratified is the supreme law of the land.
The 16th amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Sixty-first Congress on the 12th of July, 1909, and was declared, in a proclamation of the Secretary of State, dated the 25th of February, 1913, to have been ratified by 36 of the 48 States. The dates of ratification were: Alabama, August 10, 1909; Kentucky, February 8, 1910; South Carolina, February 19, 1910; Illinois, March 1, 1910; Mississippi, March 7, 1910; Oklahoma, March 10, 1910; Maryland, April 8, 1910; Georgia, August 3, 1910; Texas, August 16, 1910; Ohio, January 19, 1911; Idaho, January 20, 1911; Oregon, January 23, 1911; Washington, January 26, 1911; Montana, January 30, 1911; Indiana, January 30, 1911; California, January 31, 1911; Nevada, January 31, 1911; South Dakota, February 3, 1911; Nebraska, February 9, 1911; North Carolina, February 11, 1911; Colorado, February 15, 1911; North Dakota, February 17, 1911; Kansas, February 18, 1911; Michigan, February 23, 1911; Iowa, February 24, 1911; Missouri, March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911; Arkansas, April 22, 1911 (after having rejected it earlier); Wisconsin, May 26, 1911; New York, July 12, 1911; Arizona, April 6, 1912; Minnesota, June 11, 1912; Louisiana, June 28, 1912; West Virginia, January 31, 1913; New Mexico, February 3, 1913.
Ratification was completed on February 3, 1913.
The amendment was subsequently ratified by Massachusetts, March 4, 1913; New Hampshire, March 7, 1913 (after having rejected it on March 2, 1911).
The amendment was rejected (and not subsequently ratified) by Connecticut, Rhode Island, and Utah.
The 18th amendment was passed largely through the efforts of prohibitionists in 1918-1919, at a time when a large portion of the male population was off fighting WW1. I was repealed in 1933 by the 21st amendment largely because the law was nearly impossible to enforce, and lead to the enrichment and empowerment of organized crime. As long as the 18th amendment was in effect it was the law and constitutional. It remained so until it was repealed bu the 21st amendment. Ultimately only the supreme Court can determine constitutionality, and they have no power to declare an existing part of the Constitution to be unconstitutional. Only the people through their elected representatives can change the Constitution.
Nobody gives a damn whether you like or dislike the laws of this country. If enough people in this country agreed with you, the 16th amendment would have long since been repealed. The fact is that only a few other nuts agree with you. the rest of the people have the intelligence to realize that it takes money to have a country, to defend it, and to see to the interests of its citizens.
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