June 29, 2009

States' Rights

----- Original Message -----
From: Darlenej
Sent: Monday, June 29, 2009 2:45 PM
Subject: [The-Southeast-Michigan-912-Project] State's Rights

The article written below, which I posted earlier, removed the email address of author.  He should be given credit.  It was written by Ken of the Lansing912 group, and his email is theinhabitant at charter dot net. 


Below Written by theinhabitant@charter.net

This is one of many articles and essays theinhabitant has written and what the 912 groups should be learning on how to overcome the fraud of the state and federal legislatures.  At the bottom of this essay, is the reason for attending the Lansing July 4th Teaparty organized by Joan Fabiano.

                                                                        STATES RIGHTS

                                                                   By theinhabitant@charter.net

The Brushaber decision states clearly within the Court's Dicta, that the 16th amendment did not diminish, nor expand the fiscal reach of the United States.  Read Brushaber v Union Pacific Railroad, 240 US I, 16 (1916)

The First Income Tax was imposed in August 5th, 1861 (37th Congress Session I, Chapter 45 § 49, page 309) by the Federal Legislature, upon Federal employees, wherein the first $600.00 of annual compensation was exempt.  This Income Tax was disputed by Chief Justice Taney, as he constitutionally stated, it diminished the salary of sitting Federal Judges.  The Federal Congress at that time was politically controlled by  the Radical Republicans (Collectivists, better recognized as Socialists), and begrudgingly  acknowledged the unconstitutional reach of this Income Tax by  refunding the taxes imposed to the Federal Judiciary seven years later.

"The act in question, as you interpret it, diminishes the compensation of every judge three percent, and if it can be diminished to that extent by the name of a tax, it may in the same way be reduced from time to time at the pleasure of the legislature."

"The judiciary is one of the three great departments of the government, created and established by the Constitution.  Its duties and powers are specifically set forth, and are of a character that requires it to be perfectly independent of the two other departments, and, in order to place it beyond the reach and above even the suspicion of any such influence, the power to reduce their compensation is expressly withheld from Congress, and excepted from their powers of legislation."

"Language could not be more plain than that used in the Constitution. It is, moreover, one of its most important and essential provisions. For the articles which limit the powers of the legislative and executive branches of the government, and those which provide safeguards for the protection of the citizen in his person and property, would be of little value without a judiciary to uphold and maintain them which was free from every influence, direct or indirect, that might by possibility in times of political excitement warp their judgments."

"Upon these grounds, I regard an act of Congress retaining in the Treasury a portion of the compensation of the judges as unconstitutional, and void."

Evans v. Gore, 253 U.S. 245,257-258 (1920)

The Tariff Act of 1913 (38 Stat. 166) amended the corporate Excise Tax of 1909 by imposing an "additional income tax" upon the distribution of wealth received by an Individual.  The Corporate Excise preceded the 16th amendment by four years.  The constitutionality of the Federal Income Tax is not a question.  What is the question is the systemic fraud funded by the State and Federal Political class that have enacted a series of statutory enactments that administratively encourage the colorful usurpations of the due process of law, by the Internal Revenue Service.

As has been repeatedly remarked, the corporation tax act of 1909 was not intended to be and is not, in any proper sense, an income tax law.

This court had decided in the Pollock Case that the income tax law of 1894 amounted in effect to a direct tax upon property, and was invalid because not apportioned according

to populations, as prescribed by the Constitution.  The act of 1909 avoided this difficulty by imposing not an income tax, but an excise tax upon the conduct of business in a corporate capacity, measuring, however, the amount of tax by the income of the corporation[i], with certain qualifications prescribed by the act itself.  Flint v. Stone Tracy Co. 220 U.S. 107, 55 L. ed. 389, 31 Sup. Ct. Rep. 342, Ann. Cas. 1912 B, 1312; McCoach v. Minehill & S. H. R. Co. 228 U.S. 295, 57 L. ed. 842, 33 Sup. Ct. Rep. 419; United States v. Whitridge ( decided at this term, 231 U.S. 144, 58 L. ed. --, 34 Sup. Ct. Rep. 24.

STRATTON'S INDEPENDENCE, LTD. v. HOWBERT, 231 U.S. 399, 414 (1913)

What few Americans Comprehend, is that there are NO FEDERAL INCOME TAXES imposed upon Americans working in private employment within the State's exterior boundaries.  What is imposed is a state occupational tax, within a federal area, that is subsequently collected by the Secretary of Treasury under the State Plan.  This collectivist funding tool, was enacted in October 9th, 1940 (76th Congress 3rd Session Chapter 78) known as the Buck Act, and is codified in Title 4 USCA Chapter 4.  The Withholding provision for the State's occupational Tax was enacted as Public Law 587 by the 82nd Congress 2nd session Chapter 940, July 17th, 1952.

The Wage Taxes imposed upon the source is imposed under State Law, in compliance to Title IX of the Income Tax Act enacted on August 14th, 1935, as subsequently Amended in 1939.  This wage tax was statutorily named Social Security.  The State Law, federally defined as the State Plan, empowers the Commissioner of Internal Revenue to collect the wage taxes, which are withheld by the statutorily enumerated Employer at the Source of wages paid.

The State imposed, and federally collected occupational and wage taxes, do not fund the operational budget of the Federal Government.  The Grace Commission stated it clearly back on January 12th, 1984 that all income taxes collected, and or paid by Individuals, funds the FEDERAL DEBT.

The Federal Budget, as is the State Budget, is a dog and pony show, wherein the political class deliberately misleads all, in order to enlarge the systemic fraud of the administrative welfare state of tax and take.

The Federal Cost of operating its plethora of administrative agencies is funded by Excise, Imposts, and Duties, known as Consumption Taxes.  The wage and occupational taxes that are imposed by State Law and collected by the Federal Fiduciary are imposed to control hard working Americans ability to secure their life, liberty and the pursuit of happiness.

The 17th Amendment is a constitutionally anomaly supported by a corrupted political class populated by "collectivists" in April 1913.  Read the Fifth Amendment to the Constitution of the United States, wherein it is clearly written that no State shall be deprived of its Seat in the Senate without its Consent.  There were 46 State members in the Confederation, of which ten States did not consent to the Amendment.

When William Jennings Bryan, the collectivist Secretary of State for Woodrow Wilson signed off on the 17th Amendment on May 31st, 1913, he openly violated constitutional authority, and subsequently violated State Rights.  The Thirty Six States that proffered Consent for this collectivist usurpation of State Rights could not use the Amending process to subjugate those ten states that refused their Constitutional consent.

"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."

Fifth Article, the Constitution of the United States for the United States of America

William Jennings Bryan Proclamation issued on May 31, 1913 defied the Consent Clause of the Fifth Article.  Three quarters of the State's may have consented, yet that leaves one quarter refusing their Constitutional Consent.  The Failure of the State legislature's to challenge this constitutional fraud is better known as public policy.

The State legislature here Michigan chose to ratify the amendment in January 28th 1913 does not have the force and effect of Constitutional law.  In fact, this ratification is evidence of the corrupted will of a collectivist political class that cares nothing for Constitutional restraint.  This is one of the many reasons we here in Michigan need to change the face of the Political Class, if said collectivists continue to usurp their constitutional limitations at the State and Federal level.

The State legislature to this day shall challenge the 17th Amendment by electing two Senators and sending them down to take their respective seats in the House of the States.  Then litigate the Senate body, if said body chooses to impose the collectivist fraud of the 17th Amendment in the one high Court.

The solution to the problems that have empowered the political class's tax and take administrative welfare state stands under the State Capitol Dome.  The Federal United States' administrative reach within the State's exterior boundaries is totally dependent upon State Law.  Without the compliant hand of State Statutory enactments, federally defined as the State Plan, the tax, and take administrative welfare state will wither like a weed that is lying prostrate under the broad leaves of the Liberty Tree.

We here in Michigan and throughout the United States of America shall reclaim our State's Sovereignty and Independence, by compelling the State political class to repeal all comingling federal legislation known as the State Plan starting here in Michigan with Public Act 1 of 1936.

Americans are now relearning that America is first a Republican Confederation of Sovereign and Independent States that united to preserve our Liberty as Endowed by Nature's God.  Unfortunately after over 150 years of publically controlled education, few American have read The unanimous Declaration of the thirteen united States of America, the Articles of Confederation and Perpetual Union, the Northwest Ordinance statutorily enacted on July 13th, 1787, and the Constitution of the United States for the United States of America.

We here in Michigan need to reassert our Liberty by re-securing the Sovereignty and Independence of our Great State by constitutionally commanding the State Political Class to seat two Federal Senators in compliance to the Federal Constitution, which will be the first step to civilly unwinding the constitutional fraud declared by William Jennings Bryan May 31st, 1913.

This is one of the many reasons State Citizens need to stand upon the Steps of the State House in Lansing and throughout America on July 4th, and in one loud voice, and let these corrupted members of the State Political Class know enough is enough.

[i] Title 4 USCA Chapter 4 § 110(c):  The term "income tax" means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts.

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