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Income Tax Unconstitutional?

Is income tax unconstitutional?

In his book Federal Mafia: How It Illegally Imposes and Unlawfully Collects Income Taxes, Irwin Schiff asserts that Americans are not legally required to pay taxes. "In 1986, 99.5 million Americans were tricked into filing and paying federal income taxes when legally, they didn't have to do either," he wrote. Schiff and other opponents of the income tax argue that the Internal Revenue Service (I.R.S.) has usurped authority that it does not legally possess and that the 16th Amendment was not properly ratified and is, therefore, invalid.

According to SupremeLaw.org, the I.R.S. is not part of the United States Department of the Treasury and is not a "lawful organization." An article entitled "31 Questions And Answers About The Internal Revenue Service" by Paul Andrew, states, "At footnote 23 in the case of Chrysler Corp. v. Brown... the U.S. Supreme Court admitted that no organic Act for the I.R.S. could be found, after they searched for such an Act all the way back to the Civil War... Since there was no organic Act creating it, I.R.S. is not a lawful organization."

In 1999, We The People, an organization founded to "protect, preserve and enhance the unalienable rights, liberties and freedoms of the people," launched its Legality-of-Income-Tax campaign. The project, headed by Chairman Bob Schulz, is designed to "get the federal government to respond to the petitions for a redress of grievances related to the allegedly fraudulent and illegal income tax system."

Schulz cites five primary points which affirm his organization's belief that income tax is unconstitutional.

1. In 1913, the 16th Amendment was "fraudulently and illegally declared to be ratified" by Secretary of State Philander Knox;

2. There is no law that requires most Americans to "file a tax return, pay the federal income tax or have the tax withheld from their earnings;"

3. People who file a Form 1040 "'voluntarily' waive their 5th Amendment right not to bear witness against themselves;"

4. The IRS "routinely violates citizens' 4th Amendment rights against illegal search and seizure," by failing to properly obtain warrants issued; and

5. The IRS "routinely and grossly violates citizens' due process rights" and "operates far outside the boundaries" of U.S. law.

Schulz wrote in a letter to the I.R.S. in June 2002, "I believe the federal income tax to be fraudulent in its origin and illegal in its operation... I believe the I.R.S. lacks the legal authority to force employers to withhold the income tax from the paychecks of its employees or to force most Americans, including me, to file a tax return and to pay the income tax."

In 2001, Representative Ron Paul (R-Texas) proposed a constitutional amendment -- called the "Liberty Amendment" -- that would repeal the 16th Amendment. He argued that the United States successfully existed for almost one and a half centuries without income tax, and that rather than improve Americans' lives, the income tax has been a detriment. "The income tax has given government a claim on our lives," he stated. "It has enabled government to expand far beyond its proper limits, invade our privacy and penalize our every endeavor. The Founding Fathers never intended an income tax, and they certainly would be dismayed to know that Americans today give more than a third of their income to the federal government."

Some business owners agree with critics of the income tax. David Cay Johnston reported in his article "Owners Quit Paying" in The New York Times that some businesses have stopped withholding taxes from their employees' paychecks. Al Thompson, owner of a Florida aviation company, told his employees that, legally, "Income taxes must be paid by only a few Americans," and that he would no longer be withholding income tax, Social Security, or Medicare taxes from their paychecks, nor would he report to the I.R.S. how much his employees earned.

In a 2004 letter to the I.R.S., Schulz wrote, "[T]he federal government -- like a thief in the night -- has subtly, over many years, stripped the American people of our liberty, our property, and in many cases, our very lives in order to protect and perpetuate a fraudulent, debt-based money system -- and the life-blood of that system -- the horribly unjust and unconstitutional personal income tax."

He continued, "The unlawful and unjust income tax system produces nothing but sorrow, distress and calamity and division in our society. It has been imposed on an unsuspecting people through deceptive and fraudulent means -- outside of constitutional restraints."


The Federal Mafia

SURPRISE!

The Income Tax is Voluntary!

 "Our system of taxation is based upon

voluntary assessment and payment, not upon distraint."
 
-The Supreme Court
Flora v. United States, 362 U.S. 145, pg. 176

In 1986, 99.5 million Americans were tricked into filing and paying federal income taxes when legally; they didn't have to do either. If this statement shocks you, it is only because you and the rest of the nation have been thoroughly deceived by the federal government (with federal courts playing the key role), and an army of accountants, lawyers, and other tax preparers. All of these have a vested interest in keeping you ignorant concerning the real nature of federal income taxes.

That an entire nation of supposedly intelligent human beings could be so thoroughly hood winked, must rank as the greatest and most spectacular hoax of all time, with the phenomenon of millions of Americans scurrying to IRS offices each April 15th comparable to lemmings marching into the sea.

The fact is no provision of the Internal Revenue Code requires anyone to file or pay income taxes. This tax, unlike other internal revenue taxes, is strictly (censored voluntary). This is because a compulsory income tax would violate the Constitution's three taxing clauses, the Bill of Rights and the 16th Amendment-all of which impose restrictions on the government's power and ability to tax income in ways few Americans understand. So, in order for the income tax not to be unconstitutional it had to be written on a non­compulsory basis. However, in order to deceive Americans of this, as well as provide federal courts and the IRS with deceptive passages on which to hang illegal prosecutions and illegal seizures, the Internal Revenue Code was written to make paying income taxes appear mandatory. The government succeeded in doing this by tricking the public into believing that those enforcement provisions of the Code, that apply to other, non-voluntary taxes (such as alcohol and tobacco taxes), also apply to income taxes when in fact, they do not. However, despite such trickery, the IRS still admits that our "income tax laws"' are purely VOLUNTARY!

Indeed, every official IRS pronouncement on this issue admits to the voluntary nature of the income tax, as the following quotations and government documents prove.

"The IRS' primary task is to collect taxes under a voluntary compliance system." (emphasis added)

- Jerome Kurtz
Internal Revenue Annual Report, 1980

"Our tax system is based on individual self­-assessment and voluntary compliance." (emphasis added)       

- Mortimer Caplin
Internal Revenue Audit Manual, 1975

"Each year American taxpayers voluntarily file their tax returns and make a special effort to pay the taxes they owe."
 
-Johnnie M. Walters
Internal Revenue 1040 Booklet, 1971

"Because the American tax system is based on voluntary compliance and self-assessment, each year taxpayers make their own determination of their tax liability' and file returns reporting the correct tax. (emphasis added)


                                                                                                                                      -
WELCOME to the United States of America
                                                                                                                                         Form 1-357, Re. 7-19-80, the United States
Department of Justice, Immigration
and Naturalization Service

 

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The 'Federal' Reserve

The 'Federal' Reserve

Congressman McFadden's Speech On the Federal Reserve Corporation, 1934  1933, Co

On May 23, 1933, Congressman, Louis T. McFadden, brought formal charges against the Board of Governors of the Federal Reserve Bank system, The Comptroller of the Currency and the Secretary of United States Treasury for numerous criminal acts, including but not limited to, CONSPIRACY, FRAUD, UNLAWFUL CONVERSION, AND TREASON. The petition for Articles of Impeachment was thereafter referred to the Judiciary Committee and has YET TO BE ACTED ON.

Quotations from several speeches made on the Floor of the House of Representatives by the Honorable Louis T. McFadden of Pennsylvania. Mr. McFadden, due to his having served as Chairman of the Banking and Currency Committee for more than 10 years, was the best posted man on these matters in America and was in a position to speak with authority of the vast ramifications of this gigantic private credit monopoly.

As Representative of a State which was among the first to declare its freedom from foreign money tyrants it is fitting that Pennsylvania, the cradle of liberty, be again given the credit for producing a son that was not afraid to hurl defiance in the face of the money-bund. Whereas Mr. McFadden was elected to the high office on both the Democratic and Republican tickets, there can be no accusation of partisanship lodged against him. Because these speeches are set out in full in the Congressional Record, they carry weight that no amount of condemnation on the part of private individuals could hope to carry.

The Federal Reserve-A Corrupt Institution
 "Mr. Chairman, we have in this Country one of the most corrupt institutions the world has ever known. I refer to the Federal Reserve Board and the Federal Reserve Banks, hereinafter called the Fed. The Fed has cheated the Government of these United States and the people of the United States out of enough money to pay the Nation's debt. The depredations and iniquities of the Fed has cost enough money to pay the National debt several times over.

"This evil institution has impoverished and ruined the people of these United States, has bankrupted itself, and has practically bankrupted our Government. It has done this through the defects of the law under which it operates, through the maladministration of that law by the Fed and through the corrupt practices of the moneyed vultures who control it."

PRESIDENT JACKSON'S TIME 
"One of the greatest battles for the preservation of this Republic was fought out here in Jackson's time; when the second Bank of the United States, founded on the same false principles of those which are here exemplified in the Fed was hurled out of existence.

After that, in 1837, the Country was warned against the dangers that might ensue if the predatory interests after being cast out should come back in disguise and unite themselves to the Executive and through him acquire control of the Government. That is what the predatory interests did when they came back in the livery of hypocrisy and under false pretenses obtained the passage of the Fed.

"The danger that the Country was warned against came upon us and is shown in the long train of horrors attendant upon the affairs of the traitorous and dishonest Fed. Look around you when you leave this Chamber and you will see evidences of it in all sides. This is an era of misery and for the conditions that  caused that misery, the Fed are fully liable. This is an era of financed crime and in the financing of crime the Fed does not play the part of a disinterested spectator."

THE GREAT DEPRESSION 
"Meanwhile and on account of it, we ourselves are in the midst of the greatest depression we have ever known. From the Atlantic to the Pacific, our Country has been ravaged and laid waste by the evil practices of the Fed and the interests which control them. At no time in our history, has the general welfare of the people been at a lower level or the minds of the people so full of despair.

"Recently in one of our States, 60,000 dwelling houses and farms were brought under the hammer in a single day. 71,000 houses and farms in Oakland County, Michigan, were sold and their erstwhile owners dispossessed. The people who have thus been driven out are the wastage of the Fed. They are the victims of the Fed. Their children are the new slaves of the auction blocks in the revival of the institution of human slavery."

The Scheme of the Fed  
"In 1913, before the Senate Banking and Currency Committee, Mr. Alexander Lassen made the following statement:

"The whole scheme of the Fed with its commercial paper is an impractical, cumbersome machinery- is simply a cover to secure the privilege of issuing money, and to evade payment of as much tax upon circulation as possible and then control the issue and maintain, instead of reducing interest rates. It will prove to the advantage of the few and the detriment of the people. It will mean continued shortage of actual money and further extension of credits, for when there is a shortage of money people have to borrow to their cost.'

"A few days before the Fed passed, Senator Root denounced the Fed as an outrage on our liberties. He predicted:

'Long before we wake up from our dream of prosperity through an inflated currency, our gold- which alone could have kept us from catastrophe- will have vanished and no rate of interest will tempt it to return.'

"If ever a prophecy came true, that one did. "The Fed became law the day before Christmas Eve, in the year 1913, and shortly afterwards, the German International bankers, Kuhn, Loeb and Co. sent one of their partners here to run it. "The Fed Note is essentially unsound. It is the worst currency and the most dangerous that this Country has ever known. When the proponents of the act saw that the Democratic doctrine would not permit them to let the proposed banks issue the new currency as bank notes, they should have stopped at that. They should not have foisted that kind of currency, namely, an asset currency, on the United States Government. They should not have made the Government [liable on the private] debts of individuals and corporations, and, least of all, on the private debts of foreigners.

"As Kemerer says: 'The Fed Notes, therefore, in form, have some of the qualities of Government paper money, but in substance, are almost a pure asset currency possessing a Government guarantee against which contingency the Government has made no provision whatever.'

THE UNITED STATES HAS BEEN RANSACKED 
"The United States has been ransacked and pillaged. Our structures have been gutted and only the walls are left standing. While being perpetrated, everything the world would rake up to sell us was brought in here at our expense by the Fed until our markets were swamped with unneeded and unwanted imported goods priced far above their value and make to equal the dollar volume of our honest exports, and to kill or reduce our favorite balance of trade.

As Agents of the foreign central banks the Fed try by every means in their power to reduce our favorable balance of trade. They act for their foreign principal and they accept fees from foreigners for acting against the best interests of these United States. Naturally there has been great competition among among foreigners for the favors of the Fed."

The Bankers' Acceptance Racket 
"The Fed have been International Banks from the beginning, with these United States as their enforced banker and supplier of currency. But it is none the less extraordinary to see these these twelve private credit monopolies, buying the debts of foreigners against foreigners, in all parts of the world and asking the Government of these United States for new issues of Fed notes in exchange for them.

"The magnitude of the acceptance racket as it has been developed by the Fed, their foreign correspondents, and the predatory European born bankers, who set up the Fed here and taught your own, by and of pirates, how to loot the people: I say the magnitude of this racket is estimated to be in the neighborhood of 9,000,000,000 per year. In the past ten years it is said to have amounted to $90,000,000,000.00.

In my opinion it has amounted to several times that much. coupled to this you have to the extent of billions of dollars, the gambling in the United States securities, which takes place in the same open discount market- a gambling on which the Fed is now spending $100,000,000.00 per week. "Fed Notes are taken from the U.S. Government in unlimited quantities. Is is strange that the burden of supplying these immense sums of money to the gambling fraternity has at last proved too heavy for the American people to endure? Would it not be a national [calamity to] again bind down this burden on the backs of the American people and by  means of a long rawhide whip of the credit masters, compel them to enter another seventeen years of slavery?

"They are trying to do that now. They are trying to take $100,000,000.00 of the public credit of the United States every week, in addition to all their other seizures and they are sending that money to the nefarious open market in a desperate gamble to reestablish their graft as a going concern."

World Enslavement Planned
"Mr. Chairman, when the Fed was passed, the people of these United States did not perceive that a world system was being set up here which would make the savings of the American school teacher available to a narcotic-drug vendor in Acapulco. They did not perceive that these United States was to be lowered to the position of a coolie country which has nothing but raw material and heart, that Russia was destined to supply the man power and that this country was to supply the financial power to an "international superstate". A superstate controlled by international bankers, and international industrialists acting together to enslave the world for their own pleasure? "The people of these United States are being greatly wronged. They have been driven from their employments. They have been dispossessed from their homes. They have been evicted from their rented quarters. They have lost their children. They have been left to suffer and die for lack of shelter, food, clothing and medicine. "The wealth of these United States and the working capital have been taken away from them and has either been locked in the vaults of certain banks and the great corporations or exported to foreign countries for the benefit of the foreign customers of these banks and corporations.

So far as the people of the United States are concerned, the cupboard is bare. "It is true that the warehouses and coal yards and grain elevators are full, but these are padlocked, and the great banks and corporations hold the keys. "The sack of these United States by the Fed is the greatest crime in history. "Mr. Chairman, a serious situation confronts the House of Representatives today. We are trustees of the people and the rights of the people are being taken away from them.

Through the Fed the people are losing the rights guaranteed to them by the Constitution. Their property has been taken from them without due process of law. Mr. Chairman, common decency requires us to examine the public accounts of the Government and see what crimes against the public welfare have been committed. "What is needed here is a return to the Constitution of these United States. "The old struggle that was fought out here in Jackson's time must be fought our over again. The independent United States Treasury should be reestablished and the Government should keep its own money under lock and key in the building the people provided for that purpose.

"Asset currency, the devise of the swindler, should be done away with. The Fed should be abolished and the State boundaries should be respected. Bank reserves should be kept within the boundaries of the States whose people own them, and this reserve money of the people should be protected so that the International Bankers and acceptance bankers and discount dealers cannot draw it away from them. "The Fed should be repealed, and the Fed Banks, having violated their charters, should be liquidated immediately. Faithless Government officials who have violated their oaths of office should be impeached and brought to trial.

"Unless this is done by us, I predict, that the American people, outraged, pillaged, insulted and betrayed as they are in their own land, will rise in their wrath, and will sweep the money changers out of the temple."

Federal Reserve Pays No Taxes
"Gambling debts due to foreign receivers of stolen goods should not be paid by sacrificing our title to our war debts, the assets of the U.S. Treasury- which belong to all the people of the U.S. and which it is our duty to preserve inviolate in the people's treasury. "The U.S. Treasury cannot be made liable for them. The Fed currency must be redeemed by the Fed banks or else these Fed banks must be liquidated. "We know from assertions made here by the Hon. John N. Garner, Vice-President of the U.S. that there is a condition in the [United States such] would cause American citizens, if they knew what it was, to lose all confidence in their government. "That is a condition that Roosevelt will not have investigated. He has brought with him from Wall Street, James Warburg, the son of Paul M. Warburg. Mr. Warburg, alien born, and the son of an alien who did not become naturalized here until several years after this Warburg's birth, is a son of a former partner of Kuhn, Loeb and Co., a grandson of another partner, a nephew of a former partner, and a nephew of a present partner. "He holds no office in our Government, but I am told that he is in daily attendance at the Treasury, and that he has private quarters there! In other words, Mr. Chairman, Kuhn, Loeb and Company now has control and occupy the U.S. Treasury."

"Attacks on McFadden's Life Reported"
Commenting on Former Congressman Louis T. McFaddens's "heart-failure sudden-death" on Oct. 3, 1936, after a "dose" of "intestinal flu," "Pelley's Weekly" of Oct. 14 said: 

Now that this sterling American patriot has made the Passing, it can be revealed that not long after his public utterance against the encroaching powers of Judah, it became known among his intimates that he had suffered two attacks against his life. The first attack came in the form of two revolver shots fired at him from ambush as he was alighting from a cab in front of one of the Capital hotels. Fortunately both shots missed him, the bullets burying themselves in the structure of the cab.  "He became violently ill after partaking of food at a political banquet at Washington. His life was only saved from what was subsequently announced as a poisoning by the presence of a physician friend at the banquet, who at once procured a stomach pump and subjected the Congressman to emergency treatment."  -  Robert Edward Edmondson (Publicist-Economist) 

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