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Fact check: How many were present for the session of congress ratified the 16th amendment

Checked on August 27, 2025

1. Summary of the results

The analyses consistently show that none of the sources examined provide information about the number of people present during the Congressional session that passed the 16th Amendment [1] [2] [3] [4] [5].

What the sources do confirm is the basic timeline of the 16th Amendment: Congress passed it on July 2, 1909, and it was ratified by the states on February 3, 1913, with Delaware, Wyoming, and New Mexico being the final states to approve it [2] [3]. However, attendance records for the specific Congressional sessions are not documented in any of the analyzed sources.

2. Missing context/alternative viewpoints

The original question contains a fundamental misunderstanding about the constitutional amendment process. The sources reveal that:

  • Congress proposes amendments, but states ratify them - the 16th Amendment was ratified by individual state legislatures, not by Congress itself [2]
  • The question conflates the Congressional passage (July 2, 1909) with state ratification (February 3, 1913) [3] [2]

Missing historical context that would be relevant includes:

  • Congressional attendance records from 1909 are likely available in official Congressional records
  • The political climate surrounding income tax debates in the early 1900s
  • The specific vote counts in both the House and Senate for the amendment's passage

3. Potential misinformation/bias in the original statement

The original question contains factual inaccuracies that could mislead readers:

  • Incorrect terminology: Congress does not "ratify" constitutional amendments - they propose them, while states ratify them
  • Confusion of processes: The question appears to conflate the Congressional passage process with the state ratification process

This type of constitutional misunderstanding could benefit those who wish to:

  • Undermine public understanding of how the constitutional amendment process works
  • Create confusion about the legitimacy of the 16th Amendment (income tax)
  • Spread misinformation about federal taxation authority

The question, while seemingly innocent, perpetuates a common misconception about constitutional processes that has been exploited by various anti-tax movements and constitutional conspiracy theorists.

Want to dive deeper?
What was the exact date of the 16th amendment ratification by Congress?
How many votes were required for the 16th amendment to pass in Congress?
Which members of Congress voted against the 16th amendment in 1909?
What were the key arguments for and against the 16th amendment during the congressional session?
How did the ratification of the 16th amendment change the US tax system in 1913?