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The 1st Amendment to the U.S. Constitution
reiterates the bedrock principle that People are Sovereign and
have the unalienable right to petition the government for redress
of grievances and to be properly answered.
The entire Citizen’s Truth-in-Taxation Hearing is the direct
result of a petition from the People to the government regarding the
income tax system of this nation. As of this writing, the
Government has refused to respond to the petition.
There is no right, or liberty which the government will not
sacrifice on the alter of the "general welfare." Property,
labor, wealth, freedom, liberty, speech, petition, due process
are all eliminated in the name of enhancing the efficiency and
effectiveness of the taxing machine so that the Government can
solve the nation's ills.
This is not the destiny of a free, spiritual and Sovereign
People.
 It
Is Nonetheless Robbery Because It Is Called Taxes
- Admit that the second plank in the Communist Manifesto calls for
a heavy, progressive (graduated) income tax not unlike what we have
now with the IRS form 1040, which punishes the rich so that wealthy
may be redistributed to the poor.
Communist Manifesto
Exhibit 458,
458bb
- Admit that the U.S. Constitution requires that all income taxes must
be uniform as follows, from in Article 1, Section 8, clause 1
of the U.S. Constitution, which says:
"The Congress shall have Power To lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common Defence
and general Welfare of the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United States"
See Article 1, Section 8, clause 1 of the U.S. Constitution
Exhibit 459
(Page 4 of 13)
- Admit that to be uniform, a tax must apply equally to
all persons similarly situated and all property of the
same type or class being taxed must be taxed at the same
percentage rate, no matter where people live, where the
property is, or how much taxable income the person makes.
Otherwise, the tax discriminates against the rich.
- Admit that the Supreme Court stated in the case of
Pollack v. Farmer's Loan and Trust Company, 157 U.S. 429,
158 U.S. 601 (1895) that:
"Congress has the exclusive power of selecting the class.
It has regulated that particular branch of commerce which concerns
the bringing of alien passengers,' and that taxes shall be levied
upon such property as shall be prescribed by law. The object of this
provision was to prevent unjust discriminations. It prevents
property from being classified, and taxed as classed, by different
rules. All kinds of property must be taxed uniformly or be entirely
exempt.
The uniformity must be coextensive with the territory to which
the tax applies. Mr. Justice Miller, in his lectures on the
constitution, 1889-1890 ( pages 240, 241), said of taxes levied by
congress: 'The tax must be uniform on the particular article; and it
is uniform, within the meaning of the constitutional requirement, if
it is made to bear the same percentage over all the United States.
That is manifestly the meaning of this word, as used in this clause.
The framers of the constitution could not have meant to say that
the government, in raising its revenues, should not be allowed to
discriminate between the articles which it should tax.' In
discussing generally the requirement of uniformity found in state
constitutions, he said: 'The difficulties in the way of this
construction have, however, been very largely obviated by the
meaning of the word [157 U.S. 429, 595] 'uniform,' which has been
adopted, holding that the uniformity must refer to articles of the
same class; that is, different articles may be taxed at different
amounts, provided the rate is uniform on the same class everywhere,
with all people, and at all times.'
One of the learned counsel puts it very clearly when he says that the
correct meaning of the provisions requiring duties, imposts, and excises
to be 'uniform throughout the United States' is that the law imposing
them should 'have an equal and uniform application in every part of
the Union.' If there were any doubt as to the intention of the states
to make the grant of the right to impose indirect taxes subject to the
condition that such taxes shall be in all respects uniform and impartial,
that doubt, as said by counsel, should be resolved in the interest of
justice, in favor of the taxpayer.'
See Pollack v. Farmer's Loan and Trust Company,
157 U.S. 429, 158 U.S. 601 (1895)
Exhibit 461
- Admit that the article being taxed in the case of Subtitle
A income taxes is dollar bills, or "income" as constitutionally
defined.
- Admit that in order to meet the uniformity requirement,
every dollar bill (the article being taxed) taxed must
be taxed at the same rate and not in a way that is based
on the income of the person receiving it, because this
would amount to discrimination according to the Supreme
Court as listed above.
- Admit that because graduated income taxes violate the
uniformity requirement of the Constitution, they must
be voluntary, because the government cannot by legislation
compel its citizens to violate the Constitution.
- Admit that the Supreme Court stated the following about
the nature of income taxes in general, and that neither of
these two cases has ever been overruled:
"To lay with one hand the power of government on the property of
the citizen, and with the other to bestow it on favored
individuals.. is none the less robbery because it is.. called
taxation." Loan Association v. Topeka, 20 Wall. 655 (1874)
"A tax, in the general understanding of the term and as
used in the constitution, signifies an exaction for the support of the
government. The word has never thought to connote the expropriation
of money from one group for the benefit of another."
U.S. v. Butler, 297 U.S. 1 (1936)
Exhibits 465
Robin
Hood—Alive and Well
- Admit that all entitlement programs, including Welfare,
Social Security, FICA, etc, fall into the class of taxes
identified in U.S. v. Butler that are "expropriations
of money from one group for the benefit of another."
- Admit that using income taxes to redistribute income or
property between social classes or persons within society
makes the U.S. into a socialist country:
"socialism 1. : any of various economic political theories
advocating collective or governmental ownership and administration of
the means of production and distribution of goods. 2. a: a system of
society or group living in which there is no private property b: a system
or condition of society in which the means of production are owned and
controlled [partially or wholly] by the state 3: a stage of society
in Marxist theory transitional between capitalism and communism
and distinguished by unequal distribution of goods and pay according
to work done." [Webster's Ninth New Collegiate Dictionary, 1983,
Merriam-Webster, p. 1118]
Exhibit 467,
socialism defined
- Admit that the Supreme Court, in Pollock v. Farmers Loan
and Trust, 157 U.S. 429 (1895), stated about
the very first income tax instituted by Congress that:
"The present assault upon capital is but the beginning. It will
be but the stepping stone to others larger and more sweeping, until
our political contest will become war of the poor against the rich;
a war of growing intensity and bitterness.
… The legislation, in the discrimination it makes, is class legislation.
Whenever a distinction is made in the burdens a law imposes or in the
benefits it confers on any citizens by reason of their birth, or wealth,
or religion, it is class legislation, and leads inevitably to oppression
and abuses, and to general unrest and disturbance in society."
See Pollock v. Farmers Loan and Trust, 157 U.S. 429 (1895)
Exhibit 468
- Admit that the payment of social benefits to persons not associated
with the government under entitlement programs such as Social Security
and Welfare invites and encourages the kind of class warfare described
above in Pollock v. Farmers Loan and Trust, 157 U.S. 429 (1895).
- Admit that compelled charity is not charity at all, but slavery disguised
as charity.
- Admit that Social Security is not insurance and is not a contract
as ruled by the Supreme Court in Helvering v. Davis, 301 U.S.
619 (1937) and Flemming v. Nestor, 363 U.S. 603 (1960).
Exhibits 471,
(or 471a
and 471b)
- Admit that Social Security is Socialism, and that socialism must
be voluntary at all times in a free country if liberty is to be preserved.
- Admit that for the Social Security program to be called voluntary,
a participant should be able or at least know how to quit a program
at all times and that the agency should not constrain or restrict those
who quit or refuse to provide information about how to quit.
Social
Security—Hey Baby We Want You
- Admit that the Social Security Administration has no documented means
to quit the Social Security program on their website or in any of their
publications, and that they will not tell you how to do so if you call
their 800 number.
- Admit that absent an ability to leave the Social Security program
at any time, the program constructively becomes a compulsory/involuntary
program for those joined because they are not allowed to quit.
- Admit that the application for joining Social Security does not indicate
that the choice to join in irrevocable.
- Admit that most persons who allegedly joined the Social Security
program did so when they were not competent adults, and joining was
done by the parents and without the consent or assent of the child joining.
- Admit that persons whose parents applied for Social Security on their
behalf are not offered a choice, upon reaching adulthood, to rescind
the application so that their participation is entirely voluntary.
- Admit that the Enumeration at Birth Program of the Social Security
Administration creates the impression at hospitals where babies are
born that the obtaining of Social Security numbers for their children
is mandatory, and that they make it inconvenient and awkward to refuse
receiving a number for their child.
Exhibit 479
- Admit that even though income tax returns require listing social
security numbers for children who are dependents in order to claim them
as deductions, parents may provide other proof such as a birth certificate
in lieu of a social(ist) security number to claim the deduction.
- Admit that a majority of employers will insist that their employees
obtain a Social Security Number as a precondition of employment, and
that this makes joining the program compulsory and not mandatory for
all practical purposes.
- Admit that using the government to plunder the assets of the rich
to support the poor using the force of the law is no less extortion
or theft because it is called "taxation".
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