May 22, 2016

Fwd: Extenders for the millionaire's club | FairTax(R) Friday



 

 

"The people are responsible for the character of their Congress. If that body be ignorant, reckless and corrupt, it is because the people tolerate ignorance, recklessness and corruption." - James Garfield

Extenders For The Millionaire's Club

Wall Street Journal columnist and former presidential speechwriter Peggy Noonan writes in the June issue of Readers Digest that, "Someday history will write of our era, and the biggest scandal will be the thing we accepted in our leaders; chronic and endemic selfishness. History will be hard on us for that."

Nowhere is this chronic selfishness more pervasive than in our legislative processes on Capitol Hill. Peter Schweizer writes in his groundbreaking book Extortion that:

"Politics in modern America has become a lucrative business, an industry that has less to do with policy and more to do with accessing money and favors. Bills and regulations are often introduced, not to affect policy change, but as vehicles for shaking down people for money and favors."

And what's the favorite vehicle for shaking people down? Why the income tax code of course; all 73,954 pages specially written by Washington's finest lobbyists, many of whom previously served as staffers on Capitol Hill.

Don Corleone said in the movie, The Godfather, "Make me an offer I can't refuse". Today's legislative equivalent of Corleone's veiled threat has become tax extenders.

Unlike permanent legislation, tax extenders must be renewed every few years or new taxes go into effect, or the taxes that were temporarily halted under the extender are reinstated. 

And make no mistake; the process of renewing tax extenders is all about filling Member's campaign coffers. And who fills those coffers? Businesses and individuals affected by or who have an interest in the tax law (extender) up for renewal. 

Schweizer provided a sickening example of how the Chairman of the Committee on Ways and Means raised hundreds of thousands of dollars for his campaign coffers during the 2012 election cycle while overseeing that year's tax extenders that were up for renewal.

This is the same Committee that has yet to act on the FairTax® plan.

According to Schweizer, after announcing hearings on the extenders up for renewal, "ten nervous senior executives at General Electric made donations to Camp on March 19 totaling $16,000. Those executives had an enormous amount of money at stake in the tax extenders drama. They had become masters of sorts over the years in turning profits but largely avoiding taxes, thanks to a favorable and complicated tax code." 

He went on. "But Camp's most lucrative play was targeting corporate PACs. From the beginning of March to the date of the hearings to vet which extenders might stay and which might go, he collected 120 checks totaling $230,000 from corporate or trade association PACs, the vast majority of which had money at stake in the tax extender debate.

The money came from the National Federation of Independent Business, the National Association of Home Builders, Walmart, General Motors, General Electric, Associated Builders and Contractors, Johnson and Johnson and more."

Very neat, very tidy and it's all legal.

After all, Congress wrote the laws.

In 2013, this same Committee announced with great fanfare the initiation of a bi-partisan plan for fundamental tax reform. Public comment was requested, a multi-city roadshow was orchestrated and public hearings were held.

In early 2014, the D.C. media all but announced that fundamental tax reform would not see the light of day in 2014. The Committee then began to focus on…. You guessed it…. Tax extenders. In 2014, there are 55 tax extenders up for renewal, and surprise, surprise, 2014 is an election year.

Is it any wonder that Congress is the new millionaires club?   

Our Founding Fathers never envisioned a Congress where, in order to affect the legislative process, businesses and individual citizens have to operate like game pieces on a Monopoly board or risk being punished by the totalitarian enforcement arm of the IRS and other government agencies. 

Agencies now literally weaponized with assault rifles and sub-machine guns. As former Microsoft chief operating officer Robert Herbold told Schweizer, "You're crazy if you don't play along. They will go after you."

Our nation deserves a tax code focused on her people and her nation - not one that is punitive and frightening, and fills the campaign coffers of the new millionaires club.

If you agree and have not read Peter Schweizer's book, Extortion, please pick up this blockbuster expose. We have made it easy.

Simply click here and donate $35 or more, forward your emailed donation confirmation and your preferred mailing address to campaigns@fairtax.org, and we will send you a hardback copy of Extortion. It's that simple.

We need your support and your need to read this book. 

Don't delay. Schweizer will give you astonishing insight into the battle the FairTax campaign faces every single day. FairTax supporters are the most educated tax activists in the country. But no tax education is complete without understanding how Washington's corrupt legislative system really works.

Send your donation today and we will send you the book.

Until next week,

Cindy Canevaro 

Cynthia T. Canevaro - Cindy

Cindy Canevaro

Executive Director

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The FairTax Act In The Media

FairTax proposal offers simple concept, pluses - Nevada Daily Mail

...There is a far more simple and equitable system that should be adopted and that is the bill, HR-25 titled the "fairtax." The fairtax is a national retail sales tax that would fund government at the current level and would replace and end all taxes on income, including both personal and corporate income tax, Social Security and Medicare taxes, alternative minimum tax and the estate tax.

This tax would be levied on all goods and services for personal consumption…

In summation, the fairtax is simple in concept, simple and easy to comply with, grows the economy at a much faster rate, raises the same amount of revenue, eliminates the IRS and its intrusions on our liberties, makes U.S. goods much more competitive on the world market and encourages capital formation, the lifeblood of business creation and expansion…

Speaker calls for support of new tax systemLimaOhio.com
Steve Curtis, the Ohio Director for the Ohio Fair Tax movement, encouraged members of the Allen County Patriots to support the movement to help turn around the nation's economy…
"It would prevent businesses from being penalized for being successful," Curtis said. "In my opinion, it would also break the poverty cycle."..
Curtis said the system would be much more efficient than the current federal income tax system which is used to collect taxes. He said it would also reverse power from the federal government back to the states, which was what the forefathers intended…

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Why: To provide a LIVE, interactive forum for people who cannot get to local meetings to learn about the FairTax and to present special topics that are frequently misunderstood or not generally discussed.

Who: Join Marc Manieri, Webinar Producer & Host from Orlando, Florida. Our webinars are vital to educating honest tax payers. We help build the knowledge base of those on the front lines as well as those wanting to know what the FairTax is about.

Join: To participate, register here and watch for the confirmation email. For more information contact Larry Walters at repeal_16@earthlink.net

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If everyone knew all there is to know, they would not do half the things they do, including myself, therefore I must foregive them, including myself.

February 12, 2016

Fwd: Lawless Legal System


---------- Forwarded message ----------
From: Greg Groninger <ggron@charter.net>
Date: Thu, Feb 11, 2016 at 3:47 PM
Subject: Lawless Legal System
To: ggron@charter.net


 

MORLEY DENIED JURY TRIAL

Folks we have a constitutional crisis. We have public servants, yes judges are servants and they work for us, who are absolutely out of control. They have created a lawless legal system and are using it to crush property owner. Please post this and share with other. We need folks to wake up and realize what is happening. Why would the STATE go to such extremes to denied having a jury hear this man's case? And how about all these other cases they have used to "justify" denying this man a jury trial, what happened in those cases. Does the STATE not want the people to know what is happening behind the closed doors of the court? 

Please read Art I § 14 Jury trials and Art III § 7 Common law and statutes, continuance below from the Constitution for Michigan before reading the excerpt concerning the right to a jury trial from the Jack Morley property rights case involving wetlands in Michigan. You do not need to be an attorney to read and understand the courts double talk and circular logic depriving Mr. Morley a jury to hear this unjust case against him. I have attached the whole Appeals Courts opinion for those who care to read the whole tyrannical court opinion.

1963 Michigan Constitution

Art I § 14 Jury trials.  The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree.

Art III § 7 Common law and statutes, continuance. The common law and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are changed, amended or repealed.

Before: SAAD, P.J., and STEPHENS and O'BRIEN, JJ.

PER CURIAM.

 

Defendant Jack O. Morley appeals as of right the final order of the circuit court granting judgment in favor of plaintiff, the Michigan Department of Environmental Quality (DEQ). We affirm.

 

The DEQ filed a complaint against defendant seeking an injunction and civil fines for defendant's dredging, filling and draining of and maintaining a use on property alleged to be a wetland, contrary to Part 303 of the Natural Resources and Environmental Protection Act, MCL 324.30301 et seq. (NREPA) (Part 303), that was in effect in 2009.1 Following a bench trial, the trial court entered judgment in favor of the DEQ, holding that 92.3 acres of defendant's 106.5- acre property was wetland and that defendant violated Part 303 by dredging, filling, draining, and maintaining a use on 4.1 acres of the wetland, and ordering him to remove 4.1 acres of fill material, restore that acreage to its prior condition, cease all Part 303 violations, including farming on all acreage designated as wetland, and pay the DEQ a statutory fine of $30,000.

 

Defendant first argues that the trial court erred by granting the DEQ's motion to strike his demand for a jury trial. We disagree.

 

 

Defendant preserved this issue by filing a demand for jury trial. Moody v Home Owners

Ins Co, 304 Mich App 415, 444; 849 NW2d 31 (2014). Whether defendant was entitled to a jury trial for a complaint seeking an injunction and civil fines under Part 303 is an issue of constitutional law, which we review de novo. Elba Twp v Gratiot Co Drain Comm'r, 493 Mich 265, 277-278; 831 NW2d 204 (2013).

 

The Michigan Constitution provides that the "right of trial by jury shall remain." Const 1963, art 1, § 14. "Thus the right to trial by jury is preserved in all cases where it existed prior to adoption of the Constitution." State Conservation Dep't v Brown, 335 Mich 343, 346; 55 NW2d 859 (1952). Further, the "constitutional guaranty applied to cases arising under statutes enacted subsequent to adoption of the Constitution which are similar in character to cases in which the right to jury trial existed before the Constitution was adopted." Id. Because there is no historical right to a jury trial in Michigan when the relief sought is equitable in nature—like in this case where the DEQ sought declaratory relief—defendant was not entitled to a jury trial. Id. at 347; Gelma Sciences, Inc v Fireman's Fund Ins Cos, 183 Mich App 445, 449-450; 455 NW2d 328 (1990). See also Wolfenden v Burke, 69 Mich App 394, 399; 245 NW2d 61 (1976) (stating that there is no historical, constitutional guarantee of a jury trial where the relief sought was equitable in nature). Who cares about all these other case opinions, the constitution is absolute when it says "the right of trial by jury shall remain," if demanded no if and or buts about! 

 

In general, MCL 324.30306 prohibits a person from depositing fill, dredging soils from, maintaining any use or development on, or draining surface water from a wetland unless the DEQ issues a permit to do so. Under MCL 324.30316(1) and (4), a trial court may restrain a violation of MCL 324.30306, impose a civil fine, and order restoration of the affected wetland. Part 303 was enacted after ratification of the 1908 and 1963 Michigan Constitutions and there is no evidence that a cause of action based on Part 303 was known to Michigan's legal system when the Constitution was adopted. What does this have to do with anything he was on trial and was denied a jury.  Because wetland protection is not a cause of action known to the common law, but is instead a new cause of action created by statute, there is no constitutional right to a jury trial, Brown, 335 Mich at 349-350, Are you trying to say the legislature and courts possesses powers outside the constitution? even though the statute also provides for monetary damages, see Madugula v Taub, 496 Mich 685, 696-698; 853 NW2d 75 (2015) (holding that the defendant was not entitled to a jury trial for an action brought under the Business Corporation Act for alleged violations of the shareholder oppression provisions of the act, even though the statute also provided for damages as a remedy).

 

Defendant argues that because the DEQ's claims against him would also be a

misdemeanor crime subject to a fine if the state proved intent, the state was required to prove to a jury that defendant purposefully or voluntarily deposited or permitted the placement of fill material in a known regulated wetland. In addition to providing for a civil lawsuit, Part 303 also provides that a person who violates MCL 324.30306 is guilty of a misdemeanor and subject to a fine. MCL 324.30316(2) and (3). However, here the DEQ only filed a civil action against defendant; it did not seek to criminally prosecute him. Thus, it is irrelevant that the statute provides for criminal liability.3

 

We also reject defendant's argument that federal law governs whether a defendant is

entitled to a jury trial, rather than state law. The United States Constitution guarantees the right to a jury trial in civil trials, US Const, Am VII, and the Bill of Rights applies only to the federal government, and we are paying these clowns to write crap like this!  except where the Fourteenth Amendment, US Const, Am XIV, applies fundamental, substantive rights to the states, McDonald v City of Chicago, 561 US 742, 759-760; 130 S Ct 3020; 177 L Ed 2d 894 (2010). See also Hardware Dealers' Mut Fire Ins Co of Wis v Glidden Co, 284 US 151, 158; 52 S Ct 69; 76 L Ed 214 (1931) (holding that "[t]he Fourteenth Amendment neither implies that all trials must be by jury, nor guarantees any particular form or method of state procedure" and that "a state may choose the remedy best adapted, in the legislative judgment, to protect the interests concerned, provided its choice is not unreasonable or arbitrary, and the procedure it adopts satisfies the constitutional requirements of reasonable notice and opportunity to be heard"). Further, our Supreme Court has recognized that"[t]he Constitution of the United States does not confer a federal constitutional right to trial by jury in state court civil cases." McKinstry v Valley Obstetrics-Gynecology Clinic, P.C., 428 Mich 167, 183; 405 NW2d 88 (1987). Accordingly, Michigan law controls whether defendant was entitled to a jury trial in the instant civil action brought under Part 303 and Part 303 does not provide for a jury trial for any violation of the statute. Thus, we conclude that defendant's reliance on Tull v United States, 481 US 412, 422; 107 S Ct 1831; 25 L Ed 2d 1857 (1987), where the Court held that the United States Constitution provides a right to a jury trial in actions brought under the federal Clean Water Act where a monetary fine is an element of the relief requested, is misplaced because the federal law requirement does not apply to Part 303 actions alleging violations of the statute. McKinstry, 481 Mich at 422.

 




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If everyone knew all there is to know, they would not do half the things they do, including myself, therefore I must foregive them, including myself.

January 13, 2016

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