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Old 04-09-2004, 12:54 PM   #11
Radar
Constitutional Scholar
 
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
Quote:
Radar, I'm no Constitutional scholar, so maybe I'm missing something here... but I can't see how you reason out that Income Tax is theft. The US Constitution explicitly allows for future Amendments in Article 5:
Congress is indeed allowed to add amendments to the Constitution. Amendments may add something new, or repeal (take away) something old. Amendments MAY NOT be added that are contrary to another part of the Constitution. For instance, when an amendment was made to prohibit alcohol consumption (which was also an illegal amendment because congress does not have the authority to legislate all things or anything related to our bodies) and later wanted to change that, they repealed the amendment making it illegal. They did not add an amendment saying "Alcohol is legal". In Article 6 paragraph 2 of the Constitution it says no laws that are contrary to the Constitution may be created. An amendment is a law and therefore qualifies. You may not create a new amendment that is contrary to an old one. You can't have one part of the constitution say that something is legal and another part saying it is illegal.

The Supreme Court had already ruled income taxation to be illegal because it violated the apportionment clause in article 1 section 8. This is why in 1913, the income tax amendment was created and fraudulently ratified. This amendment required 36 votes to pass from the 48 states in the union. Philander Knox (Secretary of State at the time) claimed the 16th had been ratified by 38 states despite not having the required number of legal votes to pass.

Let me explain...

Several states have laws that when a new amendment is proposed, the legislature that receives the amendment may not vote on it and must pass it to the next one. This is to allow voters the chance to elect those who agree with their particular view on the amendment. Several states did not follow this procedure and since they violated their own state constitutions, their votes do not count.

Thirty-Three states engaged in the unauthorized activity of amending the language of the amendment proposed by congress, which is a power the states do not possess. Some of these had change the language to have the exact opposite meaning of the original amendment. Their votes also don't count. In some cases the governor of a particular state didn't sign the amendment even though required to do so, etc. Some states have no record of voting on it at all or voted against it but their votes were counted for it.

But even if all these irregularities, and illegalities were gone and the correct number of states did vote to ratify the amendment, it would still be illegal for several reasons. It violates and is contradictory to several parts of the Constitution.

It violates the 4th amendment; the government routinely searches through financial records, bank statements, etc. without a warrant.

It violates the 5th amendment; the IRS 1040 form says the information will be shared with law enforcement agencies and we are not required to incriminate ourselves. What if someone earned their money by selling drugs, prostitution, gambling, etc. Tax offenders, are not given due process of law.

It violates the 6th amendment; tax offenders are not given no trial by jury and can not call witnesses, etc.

It violates the 8th amendment because excessive bail is the norm in tax cases and property is seized which falls under cruel and unusual punishment.

It violates the 9th amendment which says all rights NOT listed in the Constitution belong to the people by violating our natural right to keep the fruits of our labor.

It violates the 10th amendment which prohibits the federal government from taking part in or legislating areas in which they hold no authority such as a person's income.

It violates the 13th amendment which makes slavery (involuntary servitude) illegal by forcing us to work for the government without compensation and against our will.


Income taxes violate everything America was created for. You have mentioned that we live in a democracy. We do not live in a democracy, we live in a democratic republic. Our country was created this way to protect individuals from tyranny on the part of the majority. Democracy has its limits. Some things may never be voted on. The rights of one person are more important than the desires of millions, and no matter how many people vote to steal from another person, it doesn't make it right legally or morally.

The powers of government are very specific and very limited. The Federal government DOES NOT have carte blanche to legislate and govern any areas they choose and MAY NOT make laws that violate the rights of the citizens because the citizens are the masters and government is the servant.
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