
05-11-2008, 07:07 PM
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Join Date: Apr 2005
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Court Corruption!
Here's a good example of why our courts are corrupt. And why there is no justice regarding many Constitutional topics, in this case the Second Amendment.
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Bloomberg’s End-run Around the Second Amendment
Kurt Nimmo
Infowars
May 10, 2008
In New York, the notorious gun-grabber Michael Bloomberg wants to censor the Second Amendment. “New York Mayor Michael Bloomberg has moved from outrage to atrocity, said the Second Amendment Foundation, by asking anti-gun activist federal Judge Jack B. Weinstein to ban any reference to the Second Amendment during a civil lawsuit trial beginning May 27 against Georgia gun dealer Jay Wallace, proprietor at Adventure Outdoors,” reports PR Newswire.
But the “billionaire demagogue who considers himself so far above the law,” as Alan Gottlieb, founder of the Second Amendment Foundation, characterizes Bloomberg, wants to go after the First Amendment, too. Bloomberg wants a gag order slapped on the case. In “Mikey’s world… a fair trial is one in which a defense attorney is muzzled, and the defendant is already guilty until proven innocent. Bloomberg missed his calling. Instead of being mayor of an American city, he should have been the administrator of a gulag.”
Reports the New York Sun:
City lawyers, in a motion filed Tuesday, asked the judge, Jack Weinstein of U.S. District Court in Brooklyn, to preclude the store’s lawyers from arguing that the suit infringed on any Second Amendment rights belonging to the gun store or its customers. In the motion, the lawyer for the city, Eric Proshansky, is also seeking a ban on “any references” to the amendment.
“Any references by counsel to the Second Amendment or analogous state constitutional provisions are likewise irrelevant,” the brief states.
In other words, New York is a Constitution free zone. But then so is much of the rest of the country, thanks to Bush, who considers the Constitution “just a goddamned piece of paper.” Bush and his coterie of Straussian neocons need to get rid of the Second Amendment in particular because militarized police states don’t go far if people have guns. Come marital law, Bush and crew may want to begin with New York, Chicago, and D.C., where restrictive gun laws rule. Short of some draconian law, it will be hard going out here in the hinterlands.
Bloomberg’s senator, Hillary Clinton, would have us believe she is a defender of the Second Amendment. She recently sent out a mailer with a picture of a 66 Mauser rifle — printed backwards — declaring her support, or rather Obama’s lack of support for the Second Amendment. It is funny, though, how the elite, who run Hillary and Barack and John the robot alike, are fond of sending cryptic messages to the commoners. “The Mauser costs about $2,200, and sports a double trigger, an accessory rarely found on American guns, but more typical of Western Europe, where the firearms market is more geared to custom guns for the aristocracy, as opposed to America’s off-the-racks guns for the masses,” writes Dave Kopel.
Clinton has a nearly perfect gun-grabber record in the Senate and now she wants you to believe she is a staunch supporter of the Second Amendment. If we examine her political literature, it appears she supports the right of the ruling elite to own fancy hunting rifles.
Once Clinton or Obama take over, we can expect stunts like the one Michael Bloomberg is pulling to become common place. Recall Hillary’s hubby signed into law background checks and an assault weapons ban. He wanted a national licensing program for all gun owners, but that ran into a lot of opposition. Hillary will pick up where Bill left off.
Bloomberg’s attempt to squash the constitutional rights of a gun shop owner in Georgia is simply another angle gun-grabbers will take up with frothy zeal if a “liberal” — as in neoliberal — gets into office. Here’s how Bloomberg runs his scam, according to a Liberty Coalition letter sent to Michael J. Sullivan, acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives:
Bloomberg has organized a multi-state vigilante-style campaign against federal gun dealers. Bloomberg’s gambit is simple — without any federal or state law enforcement authorization, he sends people to federal firearms dealers to break federal law by providing false information on the federal ATF Form 4473 firearm transfer form, and then purchasing guns for persons prohibited by law from taking possession of guns (a so called ‘straw sale’). Bloomberg then files a civil lawsuit against the dealer in a New York court while using a covertly made video tape of the transaction to blackmail the dealer into ‘settling’ on terms where the City of New York’s ‘Special Master’ will supplant ATF supervision of the dealer and peruse Americans’ confidential federal gun transfer records at will.
Expect more of this funny business after Clinton-Obama, Obama-Clinton get in the White House.
And if you think McCain will save the Second Amendment, think again — there is a strong possibility Mike DeWine will become his attorney general if the McManchurian candidate is selected. DeWine is a darling of the gun-grabbers with a Brady Campaign to Prevent Gun Violence endorsement. “When he ran for the Senate in 1994, he backed the Clinton Gun Ban,” writes the Buckeye Firearms Association “In 2006, Human Events Online named DeWine among the Top 10 anti-gun U.S. Senators. And shortly before his defeat, DeWine took a position in opposition to legislation which barred gun manufacturers, distributors, dealers or importers from frivolous lawsuits designed to put them out of business.”
Call it the Bloomberg tactic, an end-run around the Second Amendment.
http://www.infowars.com/?p=2056
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I will add excerpts from another unnamed forum regarding Court Corruption. This website is not exactly on friendly terms with the other website, thus, I will not link the information.
The information in the excerpts is mostly regarding taxation. Nevertheless, I feel it also illustrates how the courts close their ears to justice.
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"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 05-12-2008 at 03:28 PM.
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05-11-2008, 07:11 PM
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Come and Get Some!
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Join Date: Apr 2005
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The Well Educated
Court Corruption Continued
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Originally Posted by BOBT12
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Originally Posted by wserra
Sorry, but you've gotta show me the "many" part. Every profession has its attention whores, and law is no different in that respect from others. So you have people like Cryer and Rivera saying things which everyone "well educated" (probably including them) knows are not true.
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You seem to completely ignore the fact that these individuals may actually believe what they are doing. Of course, I believe Tommy Cryer is honest in his views. Moreover, the jury believed him.
Nevertheless, with enough lies the public may be made to think that a foot is a hand, or a direct tax is indirect, and choose to convict the individuals who suggest otherwise.
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Galileo was eventually forced to recant his heliocentrism and spent the last years of his life under house arrest on orders of the Inquisition.
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http://en.wikipedia.org/wiki/Galileo_Galilei
Based on reason was Galileo incorrect? Of course not! The Inquisition wasn't concerned about the truth, they merely wanted to persecute Galileo for making public views they didn't want the in the public domain.
However, like the Inquisition, the courts only see what they wish, regardless of truth. They want to support a tax tyranny in spite of the Constitution and unalienable rights.
They then intimidate the jury into believing they can only judge fact and not the law itself. This is fraud.
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Originally Posted by Thomas Jefferson
"The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundation of our conferated fabric. They are construing our constitution from a coordination of a general and special government to a general and supreme one alone. This will lay all things at their feet... We shall see if they are bold enough to take the daring stride their five lawyers have lately taken. If they do, then ... I will say, that against this every man should raise his voice, and more, should uplift his arm ...
"Having found, from experience that impeachment is an impractical thing, a mere scarecrow, they consider themselves secure for life; they sculk from responsibility to public opinion ... An opinion is huddled up in conclave, perhaps by a majority of one, delivered as if unanimous, and with the silent acquiescence of lazy or timid associates, by a crafty chief judge, who sophisticates the law to his mind, by the turn of his own reasoning...
"A judiciary independent of a king or executive alone, is a good thing; but independent of the will of the nation is a solecism, at least in a republican government." --Letter to Thomas Ritchie, December 25, 1820
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So yes, since all government is corrupt, and has exceeded the chains of the Constitution, it is a political question.
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"Of political justice part is natural, part legal -- natural, that which everywhere has the same force and does not exist by people's thinking this or that; legal, that which is originally indifferent, but when it has been laid down is not indifferent[.]" -- Aristotle, N.E., V, 7, 1134b, 18
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__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 05-12-2008 at 03:30 PM.
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05-11-2008, 07:14 PM
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The End of Law
Court Corruption Continued
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Originally Posted by BOBT12
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Originally Posted by wserra
I don't ignore it. I find it difficult to believe that a lawyer - both of those I mentioned are lawyers - could believe the stuff they espouse.
Do you know him?
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I know of his ideas and positions that he took in is motions in the case against him, the case that he prevailed in. I have read many of his other statements. Am I expected to know him in some other fashion?
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Originally Posted by wserra
What is the basis for your belief?
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Originally Posted by Tommy Cryer
TAX LAWS SUBJECT TO STRICT CONSTRUCTION
Tax laws are clearly in derogation of personal rights and property interests and are, therefore, subject to strict construction, and any ambiguity must be resolved against imposition of the tax. In Billings v. U.S., 232 U.S. 261, 34 S.Ct. 421 (1914), the Supreme Court clearly acknowledged this basic and long-standing rule of statutory construction:
"Tax statutes . . . should be strictly construed, and, if any
ambiguity be found to exist, it must be resolved in favor of the citizen. Eidman v. Martinez, 184 U.S. 578, 583;...
The absence, or near absence, of a statutory provision specifying exactly who is liable for a tax imposed is not customary. 26 U.S.C. §§ 2032A and 2056A specifically state who is liable for the Estate Tax; 26 U.S.C. § 3102(b) specifically states who is liable for the FICA tax;: 26 U.S.C. § 3202 specifically states who is liable for the Railroad Retirement Tax; 26 U.S.C. § 3505 specifically imposes liability for Employment Taxes;... to name a few.
Considering the "standard in the drafting of taxation laws industry", particularly in view of the requirement of strict construction, the limitation of liability to those five instances cannot be assumed to have been an oversight. In this instance the only ones liable are those specifically named as liable, just as in any other tax provision.
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Emphasis added.
I agree with Cryer. Where does it state that a wage earner is liable for a Schedule A tax? I feel that the code is void for vagueness among many other problem.
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”It will be of little avail to the people that the laws are made be men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what it will be tomorrow.” –James Madison, Federalist no. 62, 1788
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Emphsis added.
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Originally Posted by wserra
I don't know him either. However, the basis for my belief is that courts have unanimously held that Cryer's contentions are wrong, including the judge in his own case. As a lawyer, he had to know this history.
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Yes, play follow the leader, I understand. However, if that history is in error it should be challenged. And I think this is what Cryer is trying to do.
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”The Only sensible reason for entering into political society is to protect natural rights. [L] Cato’s Letters, #62
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Why should anyone be forced to waive their forth and fifth Amendment protection by filling out a confession form for strictly personal business? Why shouldn't these protections stand above other taxing concerns, being that the Bill of Rights were from the people, and the provisions of the Constitution from their representatives.
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The Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents. -Hamilton, Federalist No. 78
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Originally Posted by wserra
“Some people believe with great fervor preposterous things that just happen to coincide with their self-interest. ‘Tax protesters’ have convinced themselves that wages are not income, that only gold is money, that the Sixteenth Amendment is unconstitutional, and so on. These beliefs all lead--so tax protesters think--to the elimination of their obligation to pay taxes.” Coleman v. Commissioner, 791 F.2d 68 (7th Cir. 1986).
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Yes, well:
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”No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority.” -- Thomas Jefferson, Speech to New London Methodists, 1809
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"What is a Constitution? It is the form of government, delineated by the mighty hand of the people, in which certain first principles of fundamental laws are established." --VanHorne's Lessee v. Dorrance, 2 U.S. 304, 2 Dall. 304 (1795)
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Originally Posted by wserra
Which "lies" are those?
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See above. The court, all government, misleads the public, and robs them through unjust taxes.
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"The problem with mankind is that too many of them learn that more can be stolen by law that against it." --Durant, i, 839
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Originally Posted by wserra
Ah, Galileo. Do you know how many outright wackos compare themselves to Galileo?
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And does this change the facts regarding Galileo?
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The safety of the people is the supreme law.... The safety of the people cannot be judged but by the safety of every individual.... Unjust is State power where the law is either uncertain or unknown. -- Maxims of Common Law
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Originally Posted by wserra
Which provision(s) of the Constitution and which "unalienable rights" do you see taxes (and the courts which uphold them) violating?
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Amendments 4, 5, 13, etc. With taxes the government take life liberty and property. This is certainly true of a tax upon right, such as wages, without which one cannot provide for ones-self, or family. Thus, this is a direct tax, and if taxed, should be done according to an apportionment as indicated in the Constitution. This was certainly considered a direct tax under common law, prior to the Constitution, can you show where the people intended to give up this protection (apportionment)? The question is why would a free people want to be hunted down like dogs by the likes of the IRS?
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Originally Posted by wserra
Please cite proof that any juries were ever "intimidated" in the tax cases which concern you. While you're at it, please cite current law - I'm aware that English common-law was somewhat different - that holds that a jury can "judge the law itself".
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Where did the people ever knowingly gave up this right and duty?
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The defining characteristic of a tyrant is a belief that a power not expressly denied is granted by implication; that a right not expressly reserved is surrendered by implication -George Mason
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Emphasis added.
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"If a juror accepts as the law that which the judge states then that juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen's safeguard of liberty." (1788) (2 Elliots Debates, 94, Bancroft, History of the Constitution, 267)
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As Lysander Spooner pointed out regarding the questioning of jurors to eliminate those who would bring in a verdict according to conscience (a practice effectively accomplished today through the jurors' oaths) "The only principal upon which these questions are asked, is this -- that no man shall be allowed to serve as juror unless he be ready to enforce any enactment of the government, however cruel or tyrannical it may be.... A jury like that is palpably nothing but a mere tool of oppression in the hands of the government."
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Supposedly, the right to jury trial guarantees to the criminally accused a fair trial by a panel of impartial, "indifferent" jurors. The failure to accord an accused a fair hearing violates even the minimal standards of due process. Irvin v. Dowd, 81 S.Ct. 1639, 1642 (1961).
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United States v. Wilson, 629 F. 2d 439, 443 (6th Cir. 1980), in an opinion which I wrote for a unanimous panel we stated:
In criminal cases, a jury is entitled to acquit the defendant because it has no sympathy for the government's position. It has a general veto power, and this power should not be attenuated by requiring the jury to answer in writing a detailed list of questions or explain its reasons. The jury's veto power was settled in Throckmorton's case in 1544 according to Professor Plucknett:
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”The law itself is on trial quite as much as the cause which is to be decided.” –Harlan F. Stone, 12th Chief Justice, U. S. supreme Court, 1941
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Originally Posted by wserra
Actually, no. If you are correct, it is hard to picture a more decidedly legal question that government violating the Constitution.
The "quote" function omitted your Jefferson quote. Yes, Jefferson was a well-known opponent of a strong, independent judiciary. You understand that Jefferson was opposing what he viewed as a judiciary which imposed its will on that of the majority of the people. The nearly two hundred years which have passed since Jefferson wrote that letter have (to phrase it politely) certainly cast doubt on his thesis. In the great personal-liberty struggles of this country's history, who has it been who have protected the minority from majority tyranny? Civil rights? Speech? Religion? Time and again, when popular will (Congress) would have suppressed people or dissent, and the executive would have enforced that will, it is been the courts which have stood in the way.
Be careful what you wish for.
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True, the court are sometime less tyrannical then the other branches of government, it seems that they still tend towards tyranny.
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”Government is not reason; it is not eloquence; it is force! Like fire, it is a dangerous servant and a fearful master” –George Washington
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Jefferson was a good observer of human nature, that nature doesn’t change as fast as you seem to suggest.
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The End of Law is not to abolish or restrain, but to preserve and enlarge Freedom. –Locke
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__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 05-12-2008 at 03:32 PM.
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05-11-2008, 07:20 PM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
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Laws of the Universe - Supreme!
Court Corruption Continued
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Originally Posted by BOBT12
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Originally Posted by wserra
No one whose opinion counts legally agrees.
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It seems to have mattered to a jury.
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Originally Posted by wserra
Cryer moved to dismiss his own indictment on these grounds, and the judge denied it. As has every other court that has considered it.
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Where did I say that I was an attorney?
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Every act [contrary to] a delegated authority...is void. To deny this would affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorize but what they forbid. -Hamilton, Federalist No. 78
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Based on reason was Galileo incorrect? Of course not! Like Galileo I have provided reason, based upon the laws of universal reason, sometime call self-evidence.
The Inquisition wasn't concerned about the truth, they merely wanted to persecute Galileo for making public views they didn't want the in the public domain. The courts today seem to engage in the same practice.
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Originally Posted by Thomas Jefferson
"The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundation of our conferated fabric. They are construing our constitution from a coordination of a general and special government to a general and supreme one alone. This will lay all things at their feet... We shall see if they are bold enough to take the daring stride their five lawyers have lately taken. If they do, then ... I will say, that against this every man should raise his voice, and more, should uplift his arm ...
"Having found, from experience that impeachment is an impractical thing, a mere scarecrow, they consider themselves secure for life; they sculk from responsibility to public opinion ... An opinion is huddled up in conclave, perhaps by a majority of one, delivered as if unanimous, and with the silent acquiescence of lazy or timid associates, by a crafty chief judge, who sophisticates the law to his mind, by the turn of his own reasoning...
"A judiciary independent of a king or executive alone, is a good thing; but independent of the will of the nation is a solecism, at least in a republican government." --Letter to Thomas Ritchie, December 25, 1820
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Emphasis added.
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Originally Posted by Republic Magazine
The Federal Income Tax Scam
Slaying the Beast - Tommy Cryer's win against the IRS, Tax Honesty Movement - a history by Michael Lemieux, Exposing IRS Tactical and Psycological Warfare on Americans- Peymon Mottahedeh, Flex Your Rights, Activist Profile: We the People Foundation, The IRS and the Federal Reserve.. Fraternal Twins - G. Edward Griffin, Joe Banister - His Legal Defense, 60 Sec Activism: Republic Magazine, Constitutional Discipline - 16th Amendment by Michael Badnarik, Tyranny in America - Jeff ****stein, Why an Income Tax is Not Necessary to Fund... - Devvy Kidd, Militia and the Economy - Mark Keornke, No Law! - Marcy Brooks, Declaration of Independence, Bill of Rights and more...
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Emphasis added.
REPUBLIC MAGAZINE | VOICE OF THE PATRIOT MOVEMENT - REPUBLIC MAGAZINE | VOICE OF THE PATRIOT MOVEMENT
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Originally Posted by wserra
"the Government does not have the burden of showing the Plaintiffs ‘where’ they are ‘subject’ or ‘liable for’ the tax before the tax is paid. The comprehensive administrative enforcement scheme and judicial review process with which the Government is required to proceed under the IRS code is well established and none of it requires the Government to answer the Plaintiffs’ philosophical questions regarding the tax system.
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Of course, just as the Inquisition did not have a need to provide a justification for its action.
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As usurpation is the exercise of power which another hath a right to, so Tyranny is the exercise of power beyond right, which no body can have a right to. -John Locke
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Originally Posted by wserra
For a clear explanation of ‘where in the law subjects the Plaintiffs to tax,’ the court directs the Plaintiffs’ attention to Amendment XVI of the Constitution and the Internal Revenue Code, 26 U.S.C. § 1, which is entitled ‘Tax Imposed.’” Celauro v. United States, 411 F. Supp.2d 257 (EDNY 2006).
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For the tax indicated in Pollock, perhaps,
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Originally Posted by POLLOCK v. FARMERS' LOAN & TRUST CO., 157 U.S. 429 (1895)
This was a bill filed by Charles Pollock, a citizen of the state of Massachusetts, on behalf of himself and all other stockholders of the defendant company similarly situated, against the Farmesr' Loan & Trust Company, a corporation of the state of New York, and its directors
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It was then alleged that the management of the stock, property, affairs, and concerns of the company was committed, under its acts of incorporation, to its directors, and charged that the company and a majority of its directors claimed and asserted that under and by virtue of the alleged authority of the provisions of an act of congress of the United States entitled 'An act to reduce taxation, to provide revenue for the government, and for other purposes,' passed August 15, 1894, [b]the company was liable, and that they intended to pay, to the United States, before July 1, 1895, a tax of 2 per centum on the net profits of said company for the year ending December 31, 1894, above actual operating and business expenses, including the income derived from its real estate and [157 U.S. 429, 432]
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Emphasis added.
FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
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Originally Posted by wserra
26 USC § 1. If you are about to respond that this section is insufficiently specific, please support your assertions with law having to do with the income tax. Please spare us the cases about abortion and fishing nets.
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And common sense.
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Originally Posted by wserra
Others might say "follow the law", but to each his own.
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The law of the Inquisition?
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Courage is confidence in the face of fear. -Aristotle
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This is why I really respect Tommy Cryer. He understood that the path was difficult, but he followed his conscience. I am trying to do the same thing.
My heart goes out to many who are being persecuted at the hands of the tyrannical government:
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Originally Posted by indago
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TORTURE AMERICAN STYLE
Before the prisoner is put on the bus, he is put in handcuffs and shackles (leg irons). The handcuffs are tightened by a black box that stiffens the chains and puts the wrists in a 90 degree bind that painfully cuts circulation and damages the nerves. It takes several weeks for the circulation and nerves to return to normal. The handcuffs are connected with chains to a waist chain, which is in turn connected by another chain to the shackles which go around the ankles The prisoner can barely move once the shackling process is complete....
But even those who are smart enough to abstain from food and drink, still have to suffer the stench of urine and feces which soon fills the bus or plane.
One other painful aspect of diesel therapy is the shoes that prisoners are forced to wear. They become too small. The cramped position and tight shackles cause the feet and ankles to swell. The shackles cut into the legs and cut off circulation. The blood pools in the feet and causes the feet to swell. The toes are forced up against the tops of the too small shoes, and unbelievable pressure is put on the toenails. The toenails soon become deformed, infected and painful....
After "diesel therapy", Hansen was forced to operate on his feet himself. His toenails were so deformed that they pointed straight up. He could not wear shoes without excruciating pain. The only remedy that was open to him was to pull the toenails out by the roots. Our prisoners of war in SE Asia had their fingernails and toenails pulled out by their torturers. Congressman Hansen had to become his own torturer in an effort to stop the pain.
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Emphasis added.
Irwin Schiff went through similar treatment in prison. In addition to the "diesel therapy", Irwin was put in a cold cell without clothing. He was probably selected due to the success of his book "The Federal Mafia". This book points out how this government is mostly based upon fear, or tyranny. Of course, state governments play follow the leader, and engage in such abuse. Our own Planetmark and Marksgirl reported similar conduct, little or no clothing, in a cold cell, no bedding, for days on end.
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Originally Posted by wserra
You know, you make these sweeping legal pronouncements without even attempting to support them by citation.
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I gave reason, you are the attorney. What law would Galileo give to the Inquisition? Would he be able to cite their previous decisions for his position? Or would he ask them to come to his telescope, and gaze upon the laws of the Universe for themselves?
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__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 05-12-2008 at 03:35 PM.
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05-11-2008, 07:23 PM
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Come and Get Some!
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Join Date: Apr 2005
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Tyranny or Consent?
Court Corruption Continued
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Originally Posted by BOBT12
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Originally Posted by Teka
Snipes has now been sentenced to 3 years for his tax evasion crimes. He offered a $5m dollars as a down payment for his $17m tax bill. His representitives hopes to appeal this case.
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Of course, I am sad about the persecution of Snipes, he is being made to suffer at the hands of the heartless government.
Being he was convinced of a misdemeanor, he shouldn't serve more than a year (maximum) in confinement in any case. The government is making an example of Snipes in order to inspire fear in the people so they will comply with the burdensome tax scam. Yet, should be painfully clear this is a state of tyranny, where greater, and greater, numbers of people don't "consent" (see the Declaration of Independence for more information) to the current tax scheme.Thus, more unjust coercion must be used to keep the people in line. This is the very definition of tyranny.
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”It will be of little avail to the people that the laws are made be men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what it will be tomorrow.” –James Madison, Federalist no. 62, 1788
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Isn't this a warning against the tax system we see today? Madison was a framer of the Constitution, he may have had some "valid" ideas of what was intended, and what was not.
It has long been known that the Constitution was intended to be understood using the Federalist Papers, and Madison's Notes of the Constitutional Convention.
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__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 05-12-2008 at 03:36 PM.
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05-11-2008, 07:29 PM
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Come and Get Some!
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Original Intent or Disorder
Court Corruption Continued
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Originally Posted by BOBT12
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Originally Posted by mrg
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As of the year 2000, The Federalist had been quoted 291 times in Supreme Court decisions...
Chernow, Ron. Alexander Hamilton. Penguin Books, 2004. (p. 260)
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Bingo! Thanks, mrg. This is the sort of thing I was looking for; this shows that it was common practice to use the Federalist Papers to look to determine the intent of the people. I am having trouble finding Madison’s quote regarding how his notes of the Constitutional Convention should be used; however, I believe that I have properly portrayed the intent of the framers below.
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Originally Posted by BOBT12
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Originally Posted by KarenM
Since the Constitution contains absolutely no reference to either the Federalist Papers or Madison's Notes of the Constitutional Convention, how can you support your statement regarding the intended interpretation?
Is there something written on the back of it in invisible ink that lends authority to these intended sources for interpretation?
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The “invisible ink”, if you will, is common sense regarding what was intended. It is expected that the reader possess this quality when reading the document. With this in mind, if there is disagreement, the Federalist Papers go to the issue of what the people intended when they voted for the Constitution. Of course, Madison's Notes sheds light on what the representatives of the Constitutional Convention intended. Remember, the Constitutional framers did not want to burden the document unnecessarily, they wanted to people to read and use the document. Certainly, these were Madison's, and the framers, views.
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Originally Posted by CSPAN2
"I don't think the Constitution is a living document.... It is enduring, it doesn't change. This use to be orthodoxy. If you told Joseph Story that the Constitution was going to change according to what the Supreme Court thought it ought to mean, he would be astounded, or John Marshall, or...any of any of the people living at the framing time....
" When I interpret the document, I know what I am looking for: what was it understood to mean by the American people when they adopted it; and everybody use to use it [in this fashion]. Consider the Nineteenth Amendment, adopted in 1920, that required all states to give women the franchise [right to vote]. Why did we adopt the Nineteenth Amendment? We had an equal protection clause in 1920, but somebody didn't come after the Court and say, 'Your Honor what be a greater denial in a democracy then a denial of the franchise?' And you know that what would happen today, the Court would say, 'yes the women have the vote.' Americans did not think that way.... In the abstract that [equal protection clause] could mean anything, it could mean you have to draft women and send them into combat, it could mean that in this building you have to have unisex toilets... Nobody ever thought it meant those things... We adopted a Constitutional Amendment.
The killer argument against that approach, whereas the Originalist, that's the opposite of the Living Constitution theory, knows what he looking for: 'What did the people think it meant when they adopted it'. For the Non-Originalist, there's no criteria... Really, either you use the original meaning that people voted, ratified, or eles you essentially tell your judges, ya know, 'Write a new Constitution for us when you think it's a good idea.'... You don't want your judges to run loose like that, do you?"
--Justice Antonin Scalia, U.S. Supreme Court, With High School Students (4/9/2008)
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Emphasis added.
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Emphasis added.
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__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 05-12-2008 at 03:37 PM.
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05-11-2008, 07:32 PM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,324
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Courts of Confusion
Court Corruption Continued
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Originally Posted by Equinox
All one has to do is read section 3506 (1995) and see that the form 1040 does not comply with the PRA of 1995 in any respect listed therein. The Director is to "evaluate" fairly whether proposed collections of information should be approved under this chapter to-:
"ensure that each information collection-(1) is inventoried, displays a control number and, if appropriate, an expiration date; (2) indicate the collection is in accordance with the clearance requirements of section 3507; and (3) informs the person receiving the collection of information of - (I) the reasons the information is being collected; (II) the way such information is to be used; (III) an estimate, to the extent practicable, of the burden of the collection; (IV) whether the responses to the collection of information are voluntary, required to obtain a benefit, or mandatory; and (V) the fact that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays avalid control number."
All one has to do is look at the purported "request" to see if any of these criteria are met. The form 1040 does not contain the warning required as appearing on all other forms. The warning the IRS does notice the public about appears in the instruction booklet and not on the form as required. Remember, the PRA of 1980 and 1995 only apply to the information collection request and not the "instruction booklets." The instruction booklet for form 1040 even denounces its affiliation with any tax forms ("this booklet does not contain any tax forms.")(if the instruction booklet is not a collection of information and is not subject to OMB approval, then how does the requirements intended to appear on the tax form become satisfied by appearing in the instruction booklet only?)(who approved that?)(are they going to now say the instruction booklet is subject to the PRA of 1995?)(then there is the question if the instruction booklet denounces containing any tax forms, how does the government and court argue the duty
was satisfied by what is contained within the instruction booklets?)
No expiration date that exists prior to its expiration, no indication the collection is in accordance with section 3507, no informing the person about the reasons the information is being collected; (II) the way such information is to be used; (III) an estimate, to the extent practicable, of the burden of the collection; (IV) whether the responses to the collection of information are voluntary, required to obtain a benefit, or mandatory; and (V) the fact that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays avalid control number.
NOTHING WHATSOEVER ON FORM 1040 FOR ANY YEAR 1981 THROUGH 2006!.
There is also two additional considerations need to understand current knowledge of this issue. OMB says that 26 U.S.C. section 6011 is the statutory command and therefore, the IRS forms are exempt from the PRA of 1995. That section completely defies the entire reason for the 5th, 6th, 7th, 9th and 11th Circuits reasoning for the "statutory origin theory." Said theory was based upon the "expressed mandate of congress" vs. "promulgated via regulation" theory. Section 6011 says "when required by regulation proscribed by the Secretary......." The Commissioner in the instruction booklet also says 6001, 6011, 6012 and THEIR REGULATIONS."
In conclusion, the dictum division on the statutory mandate theory proves there is no such mandate. It also proves the form 1040 is promulgated via regulation and also proves "at the discretion of the agency" because the IRS completely ignores the requirements of the PRA of both 1980 and 1995. They could only do that if they were evading the PRA of 1995 (yes, willfully). It also shows that the instruction booklet, not being an information collection request, cannot save the violations of the form 1040 (placing something on page 72 that is to appear obvious and on the surface of a request which comes "first," in my opinion, looks more like hiding than displaying.
I would also suggest here that there is a reason why the IRS hides the PRA and even ignores the existence of the 1995 Act (see mentioning 1980 PRA in 2006 instruction booklet) and that is because they are required to "first" tell you what they can do with your answers to their questions, how they will be used and whether your requirement to answer is voluntary or mandatory. See Section 3506(1995 PRA).
The form 1040 is a perjury trap.
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__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 05-12-2008 at 03:37 PM.
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05-11-2008, 07:35 PM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,324
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Perjury Trap!
Court Corruption Continued
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Originally Posted by Equinox
The form 1040 is a perjury trap.
A perjury trap claim was recently used by an assistant to the Attorney General of the United States in response to questions asked by subpoena in a Congressional hearing in explaining a Firth Amendment protection claim. If the IRS can use the information you provide them against you in a criminal case, outside of you being in a criminal case, there is no better direct link to the Fifth Amendment than that threatened possibility.
If the IRS writes "warning, you are answering these questions voluntarily and any thing you say may be used against you" what would then be the result of that gathering information tool? Also, is the response then "voluntary" or "mandatory"? Mandatory under certain sections and voluntary as it relates to the fifth amendment? I think you can get the point. How can it be both voluntary and mandatory? It simply cannot. Either your answers are compelled and thus cannot be used against you (direct language of the Fifth Amendment), making the perjury clause meaningless, or the answers are voluntary and you are not required to answer them and that exercise of the fifth amendment privilege to remain silent, remember perjury trap, cannot ever be used against you as well.
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__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 05-12-2008 at 03:38 PM.
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05-11-2008, 07:37 PM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,324
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Cause and Effect
Court Corruption Continued
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Originally Posted by Equinox
You're welcome, and know the preceding particular piece is not my writing. I do verify content however.
Maybe no judge wants to "be the one" who "does the legally and morally correct thing" which in turn will cause the "system" to have to change. Cause and Effect. However, no matter, change is eminent.
The change will hopfully remove from hiding all the "hidden taxes" that Ron Paul hasn't talked about - Paul talks mostly about the inflation hidden tax. When people see what is REALLY going on, watch for the down size of government and the reduction of prison population - that being the CORRECT thing in a FREE SOCIETY.
The country will also become a quieter place for we will not hear the noises from those feeding from the public trough - (Meaning govt. employees will become fewer and will not be creating work, via the barrel of a gun, and harrassing their fellow man with more rules and regulations that tend only to serve to make government expand while having prosperity, peace and liberty diminish.)
Let us find now those in opposition to correctness offer their thoughts, as has been in past and now, this being a new day, they offer their rebuttal without the use of name calling for it is much like suicide when one begins calling others they don't even know, names. Like casting a stone at the intended target but that target turns out to be the self!
Dear wserra,
Cited below is another case wherein the court disagrees with other courts which in turn causes confusion among the people.
US v. Collins 920 F2nd 619 629 10th 1990
the 16th authroizes a direct unapportioned tax....
So is the income tax a direct unapportioned tax as per the above and Sloan
OR
Is it an indirect tax
OR
Is it only in "the nature of" an indirect tax
Or
Is it all three, any two or just one of the above?
No confussion with court rulings...
I hope you read some of the PRA post and the confussion in the courts and YET it is believed that people are somehow scumbags because they cannot understand what the court cannot explain.
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__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 05-12-2008 at 03:38 PM.
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07-05-2008, 11:32 PM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,324
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Judge Says
Interesting information:
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Alexis de Tocqueville, author of Democracy in America and one of the first writers to observe the United States from the outside looking-in, "described lawyers as a natural aristocracy in America," Jones told the students. "The intellectual basis of their profession and the study of law based on venerable precedents bred in them habits of order and a taste for formalities and predictability." As Tocqueville saw it, "These qualities enabled attorneys to stand apart from the passions of the majority. Lawyers were respected by the citizens and able to guide them and moderate the public's whims. Lawyers were essential to tempering the potential tyranny of the majority.
"Some lawyers may still perceive our profession in this flattering light, but to judge from polls and the tenor of lawyer jokes, I doubt the public shares Tocqueville's view anymore, and it is hard for us to do so.
"The legal aristocracy have shed their professional independence for the temptations and materialism associated with becoming businessmen. Because law has become a self-avowed business, pressure mounts to give clients the advice they want to hear, to pander to the clients' goal through deft manipulation of the law. . While the business mentality produces certain benefits, like occasional competition to charge clients lower fees, other adverse effects include advertising and shameless self-promotion. The legal system has also been wounded by lawyers who themselves no longer respect the rule of law," --By Geraldine Hawkins, "American Legal System Is Corrupt Beyond Recognition", Judge Tells Harvard Law School, (March 7, 2003)
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Emphasis added.
Isn't this sort of complaint at the base of many of our negative view of attorneys?
http://www.massnews.com/2003_Edition..._corrupt.shtml
__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 07-05-2008 at 11:42 PM.
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