Bob Worn, Major-USAF (Retired)
1811 Shamburger Road Pritchett, Texas 75645-2759
Phone 903-734-6970 Fax 903-734-6250
E-mail
bobworn@aol.com
Registered Mail Number RR 859 401 884 US
4 September 2000
Michael L. Smith
Tax Assessor-Collector
County of Upshur
215 North Titus Gilmer, Texas 75644
Re: Request For Relief From Unlawful/Unconstitutional Taxation
Property Description: R17013 (98251)
A1 Davenport , J B B
Acres 4.194, & House
001U-S02-000-470
Dear Mr. Smith,
The purpose of this communication is to request that the taxation on the property
listed above be accomplished in the proper manner in accordance with the mandates
set forth in the Constitution of the United States of America and not as it was
done last year, that is, by erroneously appraised value.
The Constitution of the United States of America is quite clear as to how we are
to be subjected to a direct tax, namely:
Constitution of the United States of America , Article One, Section 9, Clause 4..
"No Capitation, or other direct, Tax shall be laid unless in proportion
to the census or Enumeration hereinbefore directed to be taken"
Please do not label me with the all-too-readily-used moniker of "tax protester."
That I am not. I am a conscientious, law abiding citizen that wants to pay his fair
share of the expenses of running our government and educating our children. I
just want to be on a par with all of my neighbors in doing so; share and share alike.
I can only anticipate your almost "knee-jerk" reply to a request such as this - "But
our orders come from Austin ."
Just because some lawmakers think they are acting correctly when they write an
abusive, unfair and despotic tax law, does not make it a proper law. There is one
greater measure to which all laws must be held - the Constitution of the United States of America , .......... Article 6, Clause 2
"This Constitution and the Laws of the United states which
shall he made pursuant thereof; and all Treaties made,
or which shall he made under the Authority of the United states ,
shall be the supreme Law of the land; and the Judges in every
State shall he hound thereby, any Thing in The Constitution or
Laws of any state to the Contrary notwithstanding.
This premise is further bolstered by those more learned and scholarly than I, to
wit;
"The general misconception is that any statute passed by legislators bearing the
appearance of law constitutes the law of the land. The U.S. Constitution is the
supreme law of the land, and any statute, to be valid, must be In agreement. It is
impossible for both the Constitution and a law violating it to be valid; one must
prevail. This is succinctly stated as follows:
The General rule is that an unconstitutional statute, though having the form and
name of law Is in reality no law, but is wholly void, and ineffective for any purpose;
since unconstitutionality dates from the time of it's enactment and not merely
from the date of the decision so branding it. An unconstitutional law, in legal
contemplation, is as inoperative as if it had never been passed. Such a statute
leaves the question that it purports to settle just as it would be had the statute
not been enacted.
Since an unconstitutional law is void, the general principles follow that it imposes
no duties, confers no rights, creates no office, bestows no power or authority on
anyone, affords no protection, and justifies no acts performed under it.....
A void act cannot be legally consistent with a valid one. An unconstitutional law
cannot operate to supersede any existing valid law. Indeed, insofar as a statute
runs counter to the fundamental law of the lend, it is superseded thereby.
No one Is bound to obey an unconstitutional law and no courts are bound to
enforce it"
Sixteenth American Jurisprudence, Second Edition, Section 256
In the rare instance that you would not have immediate access to the latest census
of 2000, I will state that the census of my home cited above is one (1) adult
persons.
Your timely attention to this most urgent matter will be greatly appreciated.
Respectfully Submitted,
/s/
Bob Worn
