Friday, December 28, 2012
The Law That Never Was
Silenced!
On
January 10, 2008, the Federal District Court in Chicago issued a permanent injunction against Bill Benson on
the grounds that by offering information demonstrating that the 16th Amendment was
not legally ratified, he was promoting an abusive tax shelter. The Court then refused
to look at the government-certified documentary evidence, deciding instead that
the facts necessary to prove his statements true were "irrelevant."
. . .
The Premise
The federal government rests its authority to collect income tax on the 16th Amendment
to the U.S. Constitution—the federal income tax amendment—which was
allegedly ratified in 1913.
"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."
—The 16th Amendment to the Constitution of the United States of America
It was a shocking revelation; it reached deep to the core of our American system of government.
The Discovery
Article V of the U.S. Constitution defines the ratification process and requires
three-fourths of the states to ratify any amendment proposed by Congress. There
were fourty-eight states in the American Union in 1913, meaning that affirmative
action of thirty-six was necessary for ratification. In February 1913, Secretary
of State Philander Knox proclaimed that thirty-eight had ratified the Amendment.In 1984 Bill Benson began a research project, never before performed, to investigate the process of ratification of the 16th Amendment. After traveling to the capitols of the New England states and reviewing the journals of the state legislative bodies, he saw that many states had not ratified. He continued his research at the National Archives in Washington, D.C.; it was here that Bill found his Golden Key.
This damning piece of evidence is a sixteen-page memorandum from the Solicitor of the Department of State, among whose duties is the provision of legal opinions for the Secretary of State. In this memorandum, the Solicitor lists the many errors he found in the ratification process.
These four states are among the thirty-eight from which Philander Knox claimed ratification:
- California: The legislature never recorded any vote on any proposal to adopt the amendment proposed by Congress.
- Kentucky: The Senate voted on the resolution, but rejected it by a vote of nine in favor and twenty-two opposed.
- Minnesota: The State sent nothing to the Secretary of State in Washington.
- Oklahoma: The Senate amended the language of the 16th Amendment to have a precisely opposite meaning.
Bill would like to thank those who've contributed or shown
support in the fight against fraudulent taxation. Click here
to help.Since thirty-six states were needed for ratification, the failure of thirteen to ratify was fatal to the Amendment. This occurs within the major (first three) defects tabulated in Defects in Ratification of the 16th Amendment. Even if we were to ignore defects of spelling, capitalization and punctuation, we would still have only two states which successfully ratified.
Payback! Hundreds of Homeowners Associations Threaten Banks with Foreclosure
December 26, 2012 |
Florida is one of the states hardest hit by foreclosures, and there are nearly a half-million foreclosed houses now standing vacant and often slowly deteriorating. When a bank forecloses on a house, evicts the family and then repossesses the property, it also assumes responsibility for maintaining the home and yard and paying homeowner or condo association fees. Yet, some of the nation’s largest and richest banks have been unable or unwilling to upkeep their properties—prompting neighbors across Florida to declare enough is enough.
One Miami lawyer, Ben Solomon, has filed more than 1,000 liens against banks for failing to maintain their properties or pay their homeowner association fees. And when the recalcitrant banks don’t comply, Solomon slaps them with a foreclosure notice—131 thus far.
The push to hold banks accountable for their properties isn’t simply sweet justice against the world’s worst neighbors. Unmaintained properties create a host of problems for the surrounding neighborhood—problems that Bank of America, JP Morgan, U.S. Bank and other major Wall Street institutions are going to have to start dealing with if they want to continue foreclosing on and repossessing millions of homes across the United States. First off, an unmaintained property drives down the values of all surrounding homes, further putting neighboring homeowners at risk of default. (Multiple studies have shown that underwater homeowners are more likely to default than those who do not owe more on their mortgage than their homes are worth.) Secondly, vacant, foreclosed homes increase crime, adding an extra expense for strapped city budgets and putting the whole neighborhood at risk. Third, in neighborhoods homeowners associations, other families end up paying extra for things like water and garbage pickup because major global corporations like Deutsche Bank can’t even pitch in their fair share of the community expense. Adding insult to injury, banks are far more likely to leave properties unmaintained in neighborhoods of color, according to a report by the National Fair Housing Alliance.
Solomon has already won tens of thousands of dollars from some of the nation’s largest banks—and even foreclosed on one mortgage servicing company, NovaStar, for failing to maintain its house in the Keys Gate Community Association in Homestead, Florida.
The Case against the 16th Amendment
by Gunnery Sergeant John McClain, USMC, Retired
As a matter of fundamental principle, the means for funding the federal government, obtaining revenue was constricted to excise taxes exclusively for a number of clearly defined reasons.
First, the continuing competitiveness of our fledgling state depended on our being a net productive economy, and excise taxes are the sole means of leveling the playing field, when confronted with long established exporters. Secondly, it ensured those elected to office would find the security of our Nation of greater value than making private connections through politics. Thirdly, it gave us the ability to take the time to consider where our best output would be, allow us to concentrate on our best interests, and remain trading, as others concentrated on their best productive capabilities.
The idea of an income tax was floated many times, but it wasn’t until prohibitionists got into a position of power that it was ever seriously considered. First of all, the constitution demands taxes be “apportioned”, which means equally applied to all who are taxed and income tax had been considered proper to be graduated, according to earnings – ideologically counter to “apportioned”.
It became a reality only because the primary revenue source for the federal government was the Whiskey tax, and the prohibitionists aligned with the graduated tax advocates, and by similar measures to what just occurred with obamacare, the income tax amendment was passed to be ratified, to provide a solid and substantial revenue source for the government absent whiskey taxes, so prohibition had a chance of passing.
Author and Researcher Bill Benson, in “The Law That Never Was,” makes a convincing case that the 16th amendment was not legally ratified and that Secretary of State Philander Knox was not merely in error but committed fraud when he declared it ratified in February 1913. A review of the process in which many of the states purportedly ratified (or didn’t) shows that their ratifications were not legal and should not have been counted. We should all be aware that in order for the Constitution to be modified, an Amendment must receive ratification by three-fourths of the States, which at the time of the 16th Amendment would have required 36 out of the 48 states. Benson reveals the intricacies of how the ratification process never happened.
When Secretary Knox declared the 16th amendment ratified on February 25, 1913, he had received responses from 42 states and acknowledged that four of those states (Utah, Connecticut, Rhode Island, and New Hampshire) had rejected it, counting 38 states as having approved it. But did they? Let’s take a look…
It should be noted, however, that attorneys who have studied the subject have agreed that Kentucky and Oklahoma should not have been counted as approvals by Knox, and, moreover, if any state could be shown to have violated its own state constitution or laws in its approval process, then that state’s approval would have to be thrown out. That gets us past the “presumptive conclusion” argument, which says that the actions of an executive official cannot be judged by a court and admits that Knox could be wrong. We’re down to the magical THIRTY SIX states approving the Amendment. But there’s more… always is, ya know. If only one more state could be shown to have NOT ratified the Amendment legally, it would have been rejected, but Philander Knox was not about to see that happen!
The state constitution of Tennessee prohibited the state legislature from acting on any proposed amendment to the U.S. Constitution sent by Congress until after the next election of state legislators. The intent, of course, is to give the proposed amendment a chance to become an issue in the state legislative elections so that the people can have a voice in determining the outcome. It also provides a cooling off period to reduce the tendency to approve an idea just because it happens to be the moment’s trend. You’ve probably already guessed that the Tennessee legislature did not hold off on voting for the amendment until after the next election, and you’d be right – they didn’t; hence, they acted upon it illegally before they were authorized to do so. They also violated their own state constitution by failing to read the resolution on three different days as prescribed by Article II, Section 18. These state constitutional violations make their approval of the amendment null and void. We’re down to 35 states, which in essence SHOULD mean the Amendment did NOT pass by the three-quarters needed. But let’s “spike the football” and destroy the Amendment even further.
Texas and Louisiana violated provisions in their state constitutions prohibiting the legislatures from empowering the federal government with any additional taxing authority. Now the number is down to 33.
Twelve other states, besides Tennessee, violated provisions in their constitutions requiring that a bill be read on three different days before voting on it. This is not a trivial requirement ~ it allows for a cooling off period. It enables members who may be absent one day to be present on another; it allows for a better familiarity with, and understanding of, the measure under consideration, since some members may not always read a bill or resolution before voting on it. (See, Douglas, things just never change. They don’t read them NOW either!). States violating this procedure were: Mississippi, Ohio, Arkansas, Minnesota, New Mexico, West Virginia, Indiana, Nevada, North Carolina, North Dakota, Colorado, and Illinois. Now the number is reduced to 21 states legally ratifying the amendment.
Further review would make the list dwindle down much more, but with the number down to 20, sixteen fewer than required, this is a suitable place to rest without getting into the matter of several states whose constitutions limited the taxing authority of their legislatures, which could not give to the federal government authority they did not have.
With these facts in mind, and noting this has been recorded, established as fact for the past 99 years, isn’t it about time we do something about this? When we have such a clear and obvious fraud, open for all to see, how can we not set it straight?
(Disclaimer: Statistical information contained in this article are from U. S. government sources and fully available to the public.)
**********
As a matter of fundamental principle, the means for funding the federal government, obtaining revenue was constricted to excise taxes exclusively for a number of clearly defined reasons.
First, the continuing competitiveness of our fledgling state depended on our being a net productive economy, and excise taxes are the sole means of leveling the playing field, when confronted with long established exporters. Secondly, it ensured those elected to office would find the security of our Nation of greater value than making private connections through politics. Thirdly, it gave us the ability to take the time to consider where our best output would be, allow us to concentrate on our best interests, and remain trading, as others concentrated on their best productive capabilities.
The idea of an income tax was floated many times, but it wasn’t until prohibitionists got into a position of power that it was ever seriously considered. First of all, the constitution demands taxes be “apportioned”, which means equally applied to all who are taxed and income tax had been considered proper to be graduated, according to earnings – ideologically counter to “apportioned”.
It became a reality only because the primary revenue source for the federal government was the Whiskey tax, and the prohibitionists aligned with the graduated tax advocates, and by similar measures to what just occurred with obamacare, the income tax amendment was passed to be ratified, to provide a solid and substantial revenue source for the government absent whiskey taxes, so prohibition had a chance of passing.
Author and Researcher Bill Benson, in “The Law That Never Was,” makes a convincing case that the 16th amendment was not legally ratified and that Secretary of State Philander Knox was not merely in error but committed fraud when he declared it ratified in February 1913. A review of the process in which many of the states purportedly ratified (or didn’t) shows that their ratifications were not legal and should not have been counted. We should all be aware that in order for the Constitution to be modified, an Amendment must receive ratification by three-fourths of the States, which at the time of the 16th Amendment would have required 36 out of the 48 states. Benson reveals the intricacies of how the ratification process never happened.
When Secretary Knox declared the 16th amendment ratified on February 25, 1913, he had received responses from 42 states and acknowledged that four of those states (Utah, Connecticut, Rhode Island, and New Hampshire) had rejected it, counting 38 states as having approved it. But did they? Let’s take a look…
- · In Kentucky, the legislature acted on the amendment without even having received it from the governor (the governor of each state was to transmit the proposed amendment to the state legislature). The version of the amendment that the Kentucky legislature made up and acted upon omitted the words “on income” from the text, so they weren’t even voting on an income tax. When they straightened that out (with the help of the governor), the Kentucky senate rejected the amendment; yet Philander Knox counted Kentucky as approving it!
- · In Oklahoma, the legislature changed the wording of the amendment so that its meaning was virtually the opposite of what was intended by Congress, and this was the version they sent back to Knox. Yet Knox counted Oklahoma as approving it, despite a memo from his chief legal counsel, Reuben Clark, that states were not allowed to change it in any way.
It should be noted, however, that attorneys who have studied the subject have agreed that Kentucky and Oklahoma should not have been counted as approvals by Knox, and, moreover, if any state could be shown to have violated its own state constitution or laws in its approval process, then that state’s approval would have to be thrown out. That gets us past the “presumptive conclusion” argument, which says that the actions of an executive official cannot be judged by a court and admits that Knox could be wrong. We’re down to the magical THIRTY SIX states approving the Amendment. But there’s more… always is, ya know. If only one more state could be shown to have NOT ratified the Amendment legally, it would have been rejected, but Philander Knox was not about to see that happen!
The state constitution of Tennessee prohibited the state legislature from acting on any proposed amendment to the U.S. Constitution sent by Congress until after the next election of state legislators. The intent, of course, is to give the proposed amendment a chance to become an issue in the state legislative elections so that the people can have a voice in determining the outcome. It also provides a cooling off period to reduce the tendency to approve an idea just because it happens to be the moment’s trend. You’ve probably already guessed that the Tennessee legislature did not hold off on voting for the amendment until after the next election, and you’d be right – they didn’t; hence, they acted upon it illegally before they were authorized to do so. They also violated their own state constitution by failing to read the resolution on three different days as prescribed by Article II, Section 18. These state constitutional violations make their approval of the amendment null and void. We’re down to 35 states, which in essence SHOULD mean the Amendment did NOT pass by the three-quarters needed. But let’s “spike the football” and destroy the Amendment even further.
Texas and Louisiana violated provisions in their state constitutions prohibiting the legislatures from empowering the federal government with any additional taxing authority. Now the number is down to 33.
Twelve other states, besides Tennessee, violated provisions in their constitutions requiring that a bill be read on three different days before voting on it. This is not a trivial requirement ~ it allows for a cooling off period. It enables members who may be absent one day to be present on another; it allows for a better familiarity with, and understanding of, the measure under consideration, since some members may not always read a bill or resolution before voting on it. (See, Douglas, things just never change. They don’t read them NOW either!). States violating this procedure were: Mississippi, Ohio, Arkansas, Minnesota, New Mexico, West Virginia, Indiana, Nevada, North Carolina, North Dakota, Colorado, and Illinois. Now the number is reduced to 21 states legally ratifying the amendment.
Further review would make the list dwindle down much more, but with the number down to 20, sixteen fewer than required, this is a suitable place to rest without getting into the matter of several states whose constitutions limited the taxing authority of their legislatures, which could not give to the federal government authority they did not have.
With these facts in mind, and noting this has been recorded, established as fact for the past 99 years, isn’t it about time we do something about this? When we have such a clear and obvious fraud, open for all to see, how can we not set it straight?
(Disclaimer: Statistical information contained in this article are from U. S. government sources and fully available to the public.)
**********
Defects in Ratification of the 16th Amendment
"If you...examined [The 16th Amendment] carefully, you would find
that a sufficient number of states never ratified that amendment." -
U.S. District Court Judge James C. Fox 2003.
What the IRS website and the Government in general refuse to
recognize is that the Sixteenth Amendment to the Constitution of the
United States was never ratified by a majority of the States. Only
two or less States properly ratified the proposed Amendment. In
February 1913 Secretary of State Knox falsely declared the 16th
Amendment ratified and the government has been unlawfully demanding
taxes ever since.
The 16th Amendment allegedly entitled the government to collect
uneven taxes. The U.S. Constitution does not preclude taxation it
dictates that tax be uniform for everyone, except Indians, and
apportioned equally across all
the States:
Article I, Section 2: "..Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct."
The 16th Amendment is claimed by the federal government in the federal territory of Washington, D.C.
to authorize their
private collection company, the IRS, to collect "income tax".
However if the 16th was not properly ratified the IRS has no legal
authority to collect tax. The same applies to local County and
State tax collectors who are also bound by the U.S. Constitution.
After an exhaustive year long search of legislative records in 48
sovereign States conducted by Bill Benson, (Alaska & Hawaii were not admitted into the Union until
after 1913). the only record of the 16th Amendment ever having been confirmed
was a fraudulent proclamation made by the Secretary of State Philander
Knox on February 25, 1913, wherein he simply declared it to be "in
effect", but never stated that it was lawfully ratified. Bill Benson's has an excellent
website, support him: The Law
That Never Was
Even if the 16th Amendment were properly ratified, according to
Article 1, Section 9 of the Constitution, it has always been
unconstitutional for the U.S. Federal Government to directly tax "We the
People" in their property, wages, salaries, or earnings. U.S. Supreme Court
Judges repeatedly rejected any claims that the 16th Amendment
changed the constitutional limits on direct taxes: Brushaber v. Union
Pacific R.R. Co., 240 U.S. 1, The Supreme Court ruled that the 16th "created no new
power of taxation" and that it "did not change the constitutional
limitations which forbid any direct taxation of individuals".
This and other similar cases have never been overturned.
An argument often made by judges attempting to ignore the fact of
the failure to ratify the 16th, is that precedence under Common Law now
exists because the IRS has been mugging the public for so long and this
somehow legalizes the IRS and the local County Tax collector.
However, the U.S. Constitution is higher law than the precedence of
Common Law, which in itself represents the will of the people and not
the will of the government. Article I, Section 2 of the
Constitution dictates that the IRS and the local County Tax collector
are collecting tax unlawfully.
Bill Benson's exhaustive investigation of the history of the 16th Amendment
revealed the following
defects and prove the 16th horribly failed to receive the necessary
three-fourths of the States approval. To have been ratified 36 of
the 48 States would have had to properly ratify the 16th Amendment.
Naturally for something as significant as the U.S. Constitution,
ratification of an Amendment is extremely important and serious, typos,
spelling and anything that is not an exact copy of the Amendment is
utterly unacceptable, this is no pre-school project.
Record of Failed Ratification of 16th Amendment As Recorded By Secretary Of State SEE:
KEY:01- Not ratified by state legislature, and so reported
02- Not ratified by state legislature, but reported as ratified
03- Missing or incomplete evidence of ratification, but reported as ratified
04- Failure of Governor or other official to sign, although required by State Constitution
05- Other violation of State Constitution in ratification process
06- Other procedural irregularity making ratification doubtful
07- Approval, but with change in wording, accepted as ratification of original version
08- Approval, but with change in spelling, accepted as ratification of original version
09- Approval, but with change in capitalization, accepted as ratification of original version
10- Approval, but with change in punctuation, accepted as ratification of original version
State
|
01
|
02
|
03
|
04
|
05
|
06
|
07
|
08
|
09
|
10
|
Alabama
|
1
|
1
|
1
|
|||||||
Arizona
|
1
|
1
|
1
|
1
|
||||||
Arkansas
|
1
|
1
|
1
|
1
|
1
|
|||||
California
|
1
|
1
|
1
|
1
|
1
|
|||||
Colorado
|
1
|
1
|
1
|
1
|
||||||
Connecticut
|
1
|
|||||||||
Delaware
|
1
|
|||||||||
Florida
|
1
|
|||||||||
Georgia
|
1
|
1
|
1
|
1
|
1
|
|||||
Idaho
|
1
|
1
|
1
|
1
|
1
|
1
|
||||
Illinois
|
1
|
1
|
1
|
|||||||
Indiana
|
1
|
1
|
1
|
|||||||
Iowa
|
1
|
1
|
1
|
|||||||
Kansas
|
1
|
1
|
||||||||
Kentucky
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
|||
Louisiana
|
1
|
1
|
1
|
1
|
||||||
Maine
|
1
|
1
|
||||||||
Maryland
|
1
|
1
|
1
|
|||||||
Massachusetts
|
1
|
1
|
1
|
1
|
||||||
Michigan
|
1
|
1
|
1
|
1
|
1
|
|||||
Minnesota
|
1
|
1
|
||||||||
Mississippi
|
1
|
1
|
1
|
1
|
1
|
1
|
||||
Missouri
|
1
|
1
|
1
|
1
|
1
|
|||||
Montana
|
1
|
1
|
1
|
1
|
||||||
Nebraska
|
1
|
1
|
||||||||
Nevada
|
1
|
1
|
1
|
|||||||
New Hampshire
|
1
|
|||||||||
New Jersey
|
1
|
1
|
1
|
|||||||
New Mexico
|
1
|
1
|
||||||||
New York
|
1
|
1
|
1
|
|||||||
North Carolina
|
1
|
1
|
||||||||
North Dakota
|
1
|
1
|
||||||||
Ohio
|
1
|
1
|
||||||||
Oklahoma
|
1
|
1
|
1
|
|||||||
Oregon
|
1
|
1
|
||||||||
Pennsylvania
|
1
|
|||||||||
Rhode Island
|
1
|
|||||||||
South Carolina
|
1
|
1
|
1
|
1
|
||||||
South Dakota
|
1
|
1
|
1
|
1
|
1
|
|||||
Tennessee
|
1
|
1
|
1
|
1
|
1
|
|||||
Texas
|
1
|
1
|
1
|
1
|
1
|
1
|
||||
Utah
|
1
|
|||||||||
Vermont
|
1
|
1
|
1
|
1
|
1
|
|||||
Virginia
|
1
|
|||||||||
Washington
|
1
|
1
|
1
|
1
|
1
|
|||||
West Virginia
|
1
|
1
|
1
|
|||||||
Wisconsin
|
1
|
1
|
1
|
|||||||
Wyoming
|
1
|
1
|
1
|
1
|
1
|
1
|
||||
Total
|
7
|
3
|
9
|
6
|
25
|
29
|
22
|
1
|
31
|
27
|
Additional
|
7
|
3
|
7
|
5
|
16
|
6
|
2
|
0
|
2
|
0
|
Ratification
Failures Accumulated
|
7
|
10
|
17
|
22
|
38
|
44
|
46
|
46
|
48
|
48
|
| KEY | 01 | 02 | 03 | 04 | 05 | 06 | 07 | 08 | 09 | 10 |
01- Not ratified by state legislature, and so reported
02- Not ratified by state legislature, but reported as ratified
03- Missing or incomplete evidence of ratification, but reported as ratified
04- Failure of Governor or other official to sign, although required by State Constitution
05- Other violation of State Constitution in ratification process
06- Other procedural irregularity making ratification doubtful
07- Approval, but with change in wording, accepted as ratification of original version
08- Approval, but with change in spelling, accepted as ratification of original version
09- Approval, but with change in capitalization, accepted as ratification of original version
10- Approval, but with change in punctuation, accepted as ratification of original version
In the above table, the line "Additional" are the number of
States
for which that defect is in addition to previously indicated defects,
and "Ratification Failures Accumulated" is a running total of
States with defects, from Defect
01 through 10.
Since 36 states were required to ratify, the failure of 13 to ratify
would be fatal to the amendment, and this occurs within the first three
defects, arguably the most serious. Even if we were to ignore defects of
spelling, capitalization, and punctuation, we would still have only two
states which successfully ratified.
Note that in the above we are
counting Ohio as a State, even though
it was not admitted into the Union until 1953 (retroactively,
which is expost facto, and unconstitutional). We are not counting the
failure to
designate the Income Tax Amendment as the "XVII" amendment, since
there
was arguably a 13th Amendment that was ratified but which is not
published in official copies of the Constitution with Amendments,
and
the number is not necessarily part of the amendment (It wasn't
part of
the first 10.).
The authority usually cited for the criticality of ratification
without errors of spelling, capitalization, or punctuation, is from
DOCUMENT NO. 97-120, of the 97TH CONGRESS, 1st Session, entitled How Our
Laws Are Made, written by Edward F. Willett, Jr. Esq., Law Revision
Counsel of the United States House of Representatives, in which the
comparable exactitude in which bills must be concurred under federal
legislative rules is detailed:
. Each amendment must be inserted in precisely the proper place in the bill, with the spelling and punctuation exactly the same as it was adopted by the House. Obviously, it is extremely important that the Senate receive a copy of the bill in the precise form in which it passed the House. The preparation of such a copy is the function of the enrolling clerk. (at 34) (emphasis added)When the bill has been agreed to in identical form by both bodies - either without amendment by the Senate, or by House concurrence in the Senate amendments, or by agreement in both bodies to the conference report - a copy of the bill is enrolled for presentation to the President.The preparation of the enrolled bill is a painstaking and important task since it must reflect precisely the effect of all amendments, either by deletion, substitution, or addition, agreed to by both bodies. The enrolling clerk ... must prepare meticulously the final form of the bill, as it was agreed to by both Houses, for presentation to the President.... each (amendment) must be set out in the enrollment exactly as agreed to, and all punctuation must be in accord with the action taken. (at 45) (emphasis added)
In his report on the failure of ratifications of the Income Tax
Amendment to then Secretary of State Philander Knox, the Solicitor of the
Department of State recognized and acknowledged the defects of ratification. Knox
failed to demand
mandatory corrective action by the States.
Knox had plenty of clues to the problems in the
ratifications, sufficient to justify that he inquire into the matter
further and demand corrective action by the States. Because he failed to
do so means that we now have adopted and enforced legislation for more
than 80 years that is plainly unconstitutional, requiring not only that
it be repealed, but that all the funds collected be refunded.
The 16th is not ratified, has not been
ratified and is not law.
Even if the 16th Amendment were properly ratified, according to
Article 1, Section 9 of the Constitution, it has always been
unconstitutional for the U.S. Federal Government to directly tax We the
People in their property, wages, salaries, or earnings. The U.S. Supreme Court rejected any claims that the
16th Amendment
changed the constitutional limits on direct taxes in Brushaber v. Union
Pacific R.R. Co., 240 U.S. 1, and ruled that the 16th "created no new
power of taxation" and that it "did not change the constitutional
limitations which forbid any direct taxation of individuals".
By law the entities that have unlawfully taken money from individuals
and corporations must return that money, the money has in effect been
stolen.
Either the U.S. is a nation of laws or it is a lawless nation.
And if the latter is the case then why pay a corrupt and criminal
government? In such a case should not one take up 2nd Amendment arms and defend the right to freedom just as the Founding Fathers did?
see Bill Benson's site: http://www.thelawthatneverwas.com/new/ratification.asp
See Also: IRS
Suffering Repeated Defeats
The IRS website at http://www.irs.gov/irs/article/0,,id=149200,00.html
lists a Brief History of IRS:
Origin (As reported on the IRS Website)
The roots of IRS go back to the Civil War when President Lincoln and Congress, in 1862, created the position of commissioner of Internal Revenue and enacted an income tax to pay war expenses. The income tax was repealed 10 years later. Congress revived the income tax in 1894, but the Supreme Court ruled it unconstitutional the following year.16th Amendment (As reported on the IRS Website)
In 1913, Wyoming ratified the 16th Amendment, providing the three-quarter majority of states necessary to amend the Constitution. The 16th Amendment gave Congress the authority to enact an income tax. That same year, the first Form 1040 appeared after Congress levied a 1 percent tax on net personal incomes above $3,000 with a 6 percent surtax on incomes of more than $500,000.In 1918, during World War I, the top rate of the income tax rose to 77 percent to help finance the war effort. It dropped sharply in the post-war years, down to 24 percent in 1929, and rose again during the Depression. During World War II, Congress introduced payroll withholding and quarterly tax payments.A New Name (As reported on the IRS Website)
In the 50s, the agency was reorganized to replace a patronage system with career, professional employees. The Bureau of Internal Revenue name was changed to the Internal Revenue Service. Only the IRS commissioner and chief counsel are selected by the president and confirmed by the Senate.Today’s IRS Organization (As reported on the IRS Website)
The IRS Restructuring and Reform Act of 1998 prompted the most comprehensive reorganization and modernization of IRS in nearly half a century. The IRS reorganized itself to closely resemble the private sector model of organizing around customers with similar needs.The IRS Code says that compliance to their tax is "voluntary" - 26 CFR Ch. 1(4-2-03 Edition)"Your income tax is a 100% voluntary tax, and your liquor tax is a 100% enforced tax. The situation is as different as night and day." - Dwight E. Avis. Head of Alcohol and Tobacco Tax Division. Bureau of Internal Revenue."The only difference between a tax man and a taxidermist is that the taxidermist leaves the skin." - Mark Twain
"I am a most unhappy man. I have unwittingly ruined my country.
A great industrial nation is now controlled by its system of credit.
We are no longer a government by free opinion, no longer a government by
conviction and the voter of the majority, but a government by the
opinion and duress of a small group of dominant men." President
Woodrow Wilson 1919.
"People have been brainwashed. People have been told that you
need this income tax system to fund government, which is absolutely
ridiculous. My question is that if that is true, then how did we
fund government from 1776 to 1913" - Peter Gibbons, Tax Attorney
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Paying for schools? As foolish as it is to allow the government to educate your kids (separation of State and School is vastly more important than separation of Church and State), property tax pays form the great majority of schools.
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Paying for highways? Tax you pay at the gas pump for gasoline pays for the highways.
The amount of money the government spends on the military, in violation of
U.S. Constitution, Article. I., Section 8. Clause 12, always
mysteriously equals what the government collects from corporate tax.
"The main purpose of the income tax is not to raise revenue, but to
redistribute wealth and control society." -"It's actually very simple.
Congress tried to enact an income tax in 1894. The Supreme Court
said that was unconstitutional. If the Supreme Court says
something is unconstitutional it's un-unconstitutional. They tried
again in 1913 and the Supreme Court said "The 16th Amendment conferred
no new power of taxation". So if they didn't have it then, and
they didn't get it. They don't have it. There is no
constitutional basis for tax on the wages of Americans living and
working in the fifty States of the Union. Period. End of
argument." - G. Edward Griffin. Author, Creature From Jekyll
Island.
"In substance, the [Supreme] Court holds that the Sixteenth Amendment
did not empower the Federal Government to levy a new tax." - New York
Times, January 25, 1916
President Ronald Reagan's Blue Ribbon Panel Grace Commission setup to
investigate income tax reported: "100% of what is collected is absorbed
solely on the interest of the federal debt . All individual income tax
revenues are gone before one nickel paid on the services tax payers
collect on the government."
"I believe that in both spirit and substance our tax system has
become un-American. Death and taxes may be inevitable. But
unjust taxes are not." President Ronald Reagan.
The IRS and local County Tax Collector Are Law Breakers,
they Are Criminals committing Fraud:
The income that is a direct tax which is not apportioned amongst the States as demanded by the U.S. Constitution, making the income tax and property taxes, and sales tax and every other tax levied against citizens of the U.S. unconstitutional and therefore unlawful.
they Are Criminals committing Fraud:
The income that is a direct tax which is not apportioned amongst the States as demanded by the U.S. Constitution, making the income tax and property taxes, and sales tax and every other tax levied against citizens of the U.S. unconstitutional and therefore unlawful.
Apportioned = to divide equally amongst the people.
More info on
failure to ratify
C-Live, Love Oppose Evil. Novus Ordo Seclorum.
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