End of the IRS??

Declan McCullagh declan at well.com
Mon Jan 7 21:00:17 PST 2002


I've never quite understood how the amendment-not-ratified-properly-in-1913
argument is supposed to play out.

If this were 1915 and we suddenly realized that there was some funny
business going on, that would be one thing. 

But much has changed in the last 90 or so years. Courts have allowed
the federal government to seize power not granted by the Constitution
(and, in some cases, strictly prohibited by it). Booze prohibition
required a constitutional amendment; drug prohibition wouldn't.

So even if someone were to prove that the 16th Am. wasn't quite kosher,
what would stop the courts from saying -- it wasn't necessary?

-Declan



On Mon, Jan 07, 2002 at 06:41:24PM -0800, mean-green at hushmail.com wrote:
> What:    
> Department of Justice U.S. Assistant Attorney Dan Bryant and Congressman Roscoe Bartlett (MD) signed a written agreement on July 20, 2001, for a recorded public hearing at which DOJ representatives will officially answer specific legal charges challenging the jurisdiction of the IRS and the illegal enforcement of U.S. income tax laws against U.S. citizens. IRS Commissioner Charles Rossotti has committed IRS representatives to participate. 
>      
> When:    
> 2 full days, February 27th and 28th, 2002. Your early donation is greatly appreciated. 
>      
> Where:    
> >From Capitol Hill, Washington, D.C., WebCast to any computer with Internet access, at any connection speed, on PC or Mac computer. 
>      
> Participants:    
> We The People Delegates, Tax Researchers and Attorneys will interrogate legal and tax experts from the DOJ and IRS. 
> 
> ----------------------------------
> 
> >  FOR IMMEDIATE RELEASE
> >  July 20, 2001
> >  CONTACT: Mike Bodine (518) 656-3578
> >  DOJ and the U.S. Congress Officially Commit to Send IRS Tax and  Legal
> > Experts to Appear on Capitol Hill. Public Hearing to be Conducted 
> > by Rep. Roscoe Bartlett and Rep. Henry Hyde to Answer Citizens' Challenges 
> > of IRS Jurisdiction and Illegal Enforcement of U.S. Tax Law.
> > < Washington D.C. -- We The People Foundation For Constitutional  Education,
> > Inc. announce that the Department of Justice and the U.S. Congress 
> > have committed, in writing, to appear with IRS representatives in a 
> > recorded, public meeting to officially answer to charges challenging the 
> > legal jurisdiction of the IRS and the enforcement of U.S. income tax 
> > laws against U.S. citizens.
> >  Department of Justice U.S. Assistant Attorney General Dan Bryant 
> > and Congressmen Roscoe Bartlett (MD) signed the written agreement 
> > Friday that commits the government to send their top tax and legal experts to 
> > a two-day September hearing to be conducted on Capitol Hill. These actions 
> > are in response to a proper petition for redress of grievances brought by 
> > Robert Schulz, Chairman of the Foundation. Schulz ended his 3-week hunger 
> > fast mid-afternoon today after having secured official commitment from
> > representatives of the U.S. Government that his formal petition 
> > will be answered.
> > Schulz has been in Washington since July 4th on a hunger fast 
> > until death, if needed, to force the government to respond to his legal 
> > Remonstrance, a petition for redress of grievances. These grievances include 
> > challenges of IRS jurisdiction, routine and gross violations of due process by 
> > the IRS, the refusal of the IRS to cite the specific law that requires 
> > employers or employees to withhold taxes and the fraudulent ratification of the 
> > 16th (Income Tax) Amendment.
> >  DOJ's Bryant is quoted, "The American people are entitled to 
> > answers. It is in our nation's interest that we participate and answer these 
> > questions."
> > While largely ignored by the media and other government 
> > officials, Rep.
> > Bartlett has stood alone on the Hill (until recently) in public 
> > defense of Schulz's absolute Constitutional Right to petition for redress and 
> > be answered by the government. On Tuesday, Bartlett initiated a 
> > formal Congressional Inquiry to the IRS demanding official government 
> > responses for Schulz.
> >  Today, DOJ's Dan Bryant agreed to Rep. Bartlett's requirements 
> > that the "congressional briefing-like hearings" be conducted in public and 
> > be recorded and broadcast live. The meetings will have appropriate 
> > procedural controls and security. It is expected Rep. Henry Hyde (IL), former 
> > Chairman of the House Judiciary Committee will gavel the sessions.
> >  Schulz was "elated that government officials have finally 
> > responded as they are required by both the 1st Amendment to the Constitution 
> > and their oaths of office."
> > The agreement, penned on Congressional letterhead, was signed at 
> > the Department of Justice headquarters. Bryant assured both Rep. 
> > Bartlett and Schulz there is "virtually no chance of being overridden on this 
> > matter." Bartlett promised Schulz, "I assure you. The IRS will be there at 
> > those meetings."
> >  Schulz continued, "I have met with these gentlemen face-to-face 
> > and have looked in their eyes. I am satisfied they are men of honor. We 
> > have cemented our agreement with a handshake. The fast ends today.
> > After decades of obfuscation, avoidance, creative restructuring 
> > and 'simplification' of the 9,500-page tax code, the truth is about to 
> > be revealed. The Sovereign Citizens have exercised their Right to 
> > petition. It is no coincidence that President Bush revealed in this week's 
> > New York Times that the government has begun to publicly discuss 
> > alternative tax systems, including disposal of the entire tax code. The internet 
> > and talk radio have facilitated detailed research, documentation and 
> > discussion of these charges across the nation.
> > If our income tax system is publicly confirmed to be without 
> > force of law upon the People, and is truly as 'voluntary' as the IRS so often 
> > advertises, it is highly likely that the government may move quickly to 
> > implement a replacement tax such as a national sales tax. The People must 
> > remain vigilant that one illegal tax is not replaced by another.
> > The taxing powers granted to the federal government by our 
> > Constitution are explicit, limited and must be complied with. Since 1787, the 
> > mechanism for an orderly and peaceful transition to a legal tax system has 
> > resided in Article 1 Section 9 of the U.S. Constitution. This is a states' 
> > Rights issue. The day that our government has shunned has arrived. The 
> > Sovereign Citizens have formally demanded and exercised their Rights. We The People 
> > have been heard."





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