Resist DC: A Step-by-Step Plan for Freedom

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power-to-the-people-webby State Rep. Matthew Shea (WA-4th)

This summer, legislators from several states met to discuss the steps needed to restore our Constitutional Republic. The federal government has ignored the many state sovereignty resolutions from 2009 notifying it to cease and desist its current and continued overreach. The group decided it was time to actively counter the tyranny emanating from Washington D.C.

From those discussions it became clear three things needed to happen.

  1. State Legislatures need to pass 10 key pieces of legislation “with teeth” to put the federal government back in its place.
  2. The people must pass the legislation through the Initiative process if any piece of the legislative agenda fails.
  3. County Sheriffs must reaffirm and uphold their oaths to protect and defend the Constitution of the United States.

With the advent of the Tea Party Movement, many people have been asking how exactly we can make the above reality. What follows is Part I of the outline of that plan regarding state legislation, the action steps any concerned citizen can take to see this legislation to fruition, and the brief history and justifications behind each.

Step 1: Reclaim State Sovereignty through Key Nullification Legislation

Our Constitutional Republic is founded on a system of checks and balances known as the “separation of powers.” Rarely, however, are the states considered part of this essential principle.

Enter the “doctrine of nullification.”

Nullification is based on the simple principle that the federal government cannot be the final arbiter of the extent and boundaries of its own power. This includes all branches of the federal government. In the law this is known as a “conflict of interest.”

Additionally, since the states created the federal government the federal government was an agent of the states; not the other way around. Thus, Thomas Jefferson believed that, by extension, the states had a natural right to nullify (render as of no effect) any laws they believed were unconstitutional.

In the Kentucky Resolutions of 1798 he wrote,

“co-States, recurring to their natural right…will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shalt be exercised within their respective territories.”1

Alexander Hamilton echoed this sentiment in Federalist #85 “We may safely rely on the disposition of the state legislatures to erect barriers against the encroachments of the national authority.” 2

It is clear then that State Legislatures can stop the unconstitutional overreach of the Obama administration through nullification. Here is a list of proposed nullification legislation to introduce in all 50 States.

  1. Nullification of Socialized Health Care [current efforts] [example legislation]
  2. Nullification of National Cap and Trade [example legislation]
  3. Federal Enumerated Powers Requirement (Blanket Nullification) [details]
  4. Establishment of a Federal Tax Escrow Account [example legislation]

If imposed, socialized health care and cap and trade will crush our economy. These programs are both unconstitutional, creating government powers beyond those enumerated by the Constitution. If those programs are nullified, it will give the individual states a fighting chance to detach from a federal budget in freefall and save the economies of the individual states.

Next, blanket nullification.

The Federal Government, particularly the House of Representatives, needs to abide by its own rules. In particular, House Rule XIII 3(d) specifically states that:

“Each report of a committee on a public bill or public joint resolution shall contain the following: (1) A statement citing the specific powers granted to Congress in the Constitution to enact the law proposed by the bill or resolution.” 3

Needless to say, this rule is generally ignored. The idea behind blanket nullification is that if the Congress does not specify the enumerated power it is using according to its own rules, or the power specified is not one of the enumerated powers granted to Congress in the United States Constitution, then the “law” is automatically null and void.

Lastly, the federal government cannot survive without money. I know that seems obvious but many states are missing the opportunity to use money as an incentive for the federal government to return to its proper role. Most visibly, states help collect the federal portion of the gasoline tax. That money should be put into an escrow account at the state level and held there. The Escrow Account legislation includes a provision that all consumer, excise, and income taxes payable to the federal government would go through this account first. This would do two things. First, it would give states the ability to collect interest on that money to help offset revenue shortfalls. Second, it would allow states to hold that money as long as needed as an incentive for the federal government to return within the enumerated boundaries of its power.

Step 2:   Erect an impenetrable wall around the County Sheriff and the 2nd Amendment.

As recently stated in the famous Heller opinion by the United States Supreme Court, the right to bear arms “is an individual right protecting against both public and private violence” and “when the able-bodied men of a nation are trained in arms and organized they are better able to resist tyranny.” 4

Thus, it is clear that the 2nd Amendment not only protects the right to self-defense but that right extends to defending oneself against tyranny. As with any historical attempt to establish a dictatorship weapons must be seized or severely regulated. 5

Here is a list of legislation to prevent this from happening, some of which has already been introduced in states around the country:

The county Sheriff is the senior law enforcement officer both in terms of rank and legal authority in a county. This comes from a tradition of over 1000 years of Anglo-Saxon common law. Anglo-Saxon communities were typically organized into “shires” consisting of approximately 1000 people. 6

The chief law enforcement officer of the shire was the “reeve” or “reef.” Hence, the modern combination of the two words, as we know them today, “shire reef” or “Sheriff.” 7

Consequently, the Sheriff’s pre-eminent legal authority is well established. This was confirmed in Printz v. United States. 7    Justice Scalia quotes James Madison who wrote in Federalist 39:

“In the latter, the local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere.”9

Sheriff 1st legislation would formally declare that all federal agents and officers must give notice of, and seek permission before, any arrest, search, or seizure occurs. Thus, federal agents and officers seeking to enforce unconstitutional laws must go through the county Sheriff first.

Extending the castle doctrine to one’s person would go a long way toward eliminating the arbitrary “no carry” areas. Like Virginia Tech, it is these areas where guns for self-defense are most needed.

Many gun and ammunition tracking schemes have been, and are still being, attempted. The intended purpose of “reducing gun related” crime is never realized. Instead, law-abiding citizens are punished with regulatory burdens and fees. Quite simply we need transparency in government not in the people.

Montana started the firearms freedom act to rein in the federal government’s use of the Commerce Clause to regulate everything within the stream of commerce. The original intent of the Commerce Clause was to regulate commerce between states not within states as Professor Rob Natelson points out in his 2007 Montana Law Review article.10

The Montana FFA simply returns to that original understanding regarding firearms made, sold, and kept within a state’s borders.

This list is by no means exhaustive. However, it does contain some immediate steps that can be taken toward freedom and restoring our God honoring Constitutional Republic. Hitler’s laws of January 30 and February 14, 1934, should serve as a stark reminder of what happens when state sovereignty is abolished.

In the coming few weeks I will publish the next part of the plan.

Matthew Shea [send him email] is a State Representative in Washington’s 4th District. He’s the author of HJM4009 for State Sovereignty.  Visit his website.

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

NOTES:

  • 1. Kentucky Resolution of 1798, Thomas Jefferson, Adopted by Kentucky Legislature on November 10, 1798.
  • 2. Federalist No. 85, Publius (Alexander Hamilton), August 13 and 16, 1788.
  • 3. Rules of the House XIII 3(d), “Content of Reports,” Page 623, 110th Congress.
  • 4. District of Columbia v. Heller, 554 U.S. ___ (Actual Pages 11, 13) (2008)
  • 5. Id at (Actual Page 11).
  • 6. http://www.thenewamerican.com/index.php/history/ancient/1859-teutoburg-forest-the-battle-that-saved-the-west
  • 7. http://www.etymonline.com/index.php?search=sheriff&searchmode=none
  • 8. Printz v. United States, 521 U.S. 898 (1997)
  • 9. Federalist No. 39, Publius (James Madison), January 16, 1788
  • 10. Tempering the Commerce Power, 68 Mont. L. Rev. 95 (2007).
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    88 comments
    Guy Garofano
    Guy Garofano

    What most concerns me is the degree to which most states have become dependent on the Federal Government for financial aid. You can't say "mind your own business" to Washington, but then expect to keep getting funds for for your transportation systems, your education system, your social services, and the list goes on. I just don't know if people have thought it all out - what kind of increase in state & local taxes might result, etc.

    jos boersema
    jos boersema

    Hi, If I read your USA Constitution then your President
    only has the power to sign a law, or send it back
    to Congress for review. The Congress has all the power to
    make law, the President has no power to make laws. The
    Congress can pass a law/bill send back by the president
    with a 2/3rd majority then no signing is needed. Since
    the USA presidents are attaching Objections (that they
    call 'signing statements') before signing, the law has not
    been signed but has been furnished with Objections, and the
    Objections are signed. Hence these laws/bills have not
    come into force, they are on the roll of the Congress for
    review (right???). Hence it might be an idea to give
    out a new USA Code of law, where all such bills/laws are
    removed which are still on the roll of the Congress ? And
    also physically send that list of bills/laws with Objections
    to the Congress for review ?? (I'm from Holland, but it is
    established that 'signing statements' are illegal, the USA president
    even agreed to that in campaign (right?)). regards, good luck. By the way, maybe
    you should learn from these things that you can not
    rely on smaller area Governments to reign in the power
    of the larger area Governments, just doesn't work that way.
    Seek state sovereignty, disband the union, imho.

    GadsdenGurl
    GadsdenGurl

    In NH , Rep Mike Rollo blocked a states rights bill called HCR6.. and he plans on doing it again.

    Dean Jamison
    Dean Jamison

    Matt..Enjoyed reading your lititure Keep up the good work,But I have one question on my mind,why is it not getting out to the people that there is no such thing as income tax,that it has been Fraud and, Extortion aganist the people for years!! Not one dime of Federal Income Tax go`s into the U.S. Treasury,but go`s to the Federal Reserve Banks for there own use.This has been proven in court on serveral accounts.Joe Banister won his case Tom Cryer won his case,Vernice Kuglin won her case ect.Just by asking the I.R.S. TO SHOW THEM THE LAW!!! they could not do it.
    Bill Benson won his case by proveing that the 16th Amendment had never been Ratified
    We have not filed a tax form since 2002 and never will! yes they started billing us in the year 2008,But if they ever take me to court, I will state my case on SHOW ME THE LAW,as there is no LAW.My subjestion
    is that every american citizan STOP FILING!
    When the Fat Bureaucratas have to stop extorting money from the people they will have to to come down to our standard of living,and will stop alot of this Bull SHIT
    there brain washing the people with.
    Thank you Dean Jamison

    william copeland
    william copeland

    Way to go Matt...I have been articulating to everyone I know we need to take action prior to the next election cycle. So much damage has been done already and we need to act now before its too late. I have been talking to people about their level of frustration reaching an alarming and dangerous anger...without a definitive plan we'll will end up fighting against each other...forming local militia groups have been the subject of much of the talk around here but your announcement is definitely a better way to resolve the current take over. let me know how I can help.

    Don Turley
    Don Turley

    good plan, our group of patriots have been working with our local county commissioners and i now see how important it is to include our local sheriff, after all it is true the sheriff is the most powerfull person in the county especially in regards to the constitution.

    JMB
    JMB

    I have recently spent some considerable time reading several state Constitutions, and I noticed that they all include (what seems to me) very well written bills of rights, upon which, if there should happen to be any particular wrongs perceived by those peoples of these states, they are enabled, with practicable abilities, to further address, WHEREAS in unrealistic opposition, is this United States Constitution, in which a mere minority of states can effectively make this same endeavor impossible.

    DUGTRUX
    DUGTRUX

    I THINK ITS GREAT, LIMIT FEDRAL POWER IN THE STATES. I FEEL THIS THING THAT GOING ON NOW KINDA GOT STARTED WITH KENNEDY. WHILE PEOPLES RIGHTS WERE BEING ABUSED BY CERTAIN STATES THE FEDS STEPED IN AND SHOWED WHOS BOSS. (A GOOOD THING AT THE TIME, civil rights) BUT LIKE ANY THING ELSE ITS GONE WAY TO FAR .AND THE FEDS THINK ITS THEIR JOB TO DICTATE TO THE PEOPLE . SO LETS END THEIR TYRANNY, AND HOPE OUR STATES ON THEIR OWN WILL FOLLOW THE CONSTITUTION AND THEREFORE HAVE NO NEED FOR FEDRAL INVOLEMENT.

    Tim C
    Tim C

    Good job Matt. Transparency in government, not people. I like it. We know the 2nd Amendment keeps the other Amendments in place. Given that, in our U.S. Constitution and considering the 10th Amendment where as those 2nd Amendment rights are already guaranteed, why would individual states even need to address their own gun laws? As Ted Nugent says, "The second amendment IS my concealed carry permit!"

    Another thing to look at is to abolish the dictorial executive orders at all levels of government. Their mere presence is a threat to our Constitution and liberty! The simple stroke of a pen once they are in place throws everything out the window.

    Ready
    Ready

    It is not as if progressive socialist follow the law. Google "switch in time that saved nine"

    CADude
    CADude

    I am for the 10th Amendment. The Federal Government has gotten way too big and the States cannot handle the burden. Something must be done to curtail the growth of the Federal government.

    Freedom
    Freedom

    It is time to cut the federal government off. It is out of control. The power needs to put back in the hands of the states were locals can control their back yard. The states have always had the power but the problem is that too many people just don't care about the constition. The federal government will not let its power be taken away with out a fight. If the states invoke their 10th amendment rights and basicly say you don't have to do what the federal government says you have to do. Who is going to stick their neck out first and will your governer and represenitives go to bat for you. I'm sorry to say but most will not. We're screwed and the next thing thats going to be happining is we are all going to be bail out california. Then New york! Then its going to be one big world government bailing out the united states and our soverity will be gone along with our constitution.

    This is what ever American is up against. If we don't cut off the federal government now they will continue to bury us more and more in debt. Untill we are reduced to a third world country like Venezuela. The American free spirit is going to have to come up roaring fast or all is lost and we will be Venezuela.

    Tim
    Tim

    I like the idea behind the local sheriff getting notice but how about make it so that its impossible for the federal government to arrest anyone and whenever a federal law is being violated then only the state law enforcement official can make an arrest. This way the state government can choose not to enforce any law that it feels is unfair even if that law is found "constitutional" by the federal government. The state can simply not enforce it as a way to nullify the federal law.

    JMB
    JMB

    Every state in this republic has its own Constitution that its own governments must properly recognize and dutifully defend.

    JMB
    JMB

    Having police powers that you never need to enforce, is the best of all worlds.
    God its good to be King.

    Brian McCandliss
    Brian McCandliss

    I'm afraid this is not quite correct. While the federal government cannot be arbiter of the limits of its own powers, the same goes for the state governments-- which did not create the federal government; rather, the federal government was created by the PEOPLE of each state, in conventions which ratified the Consttution. Therefore, only the PEOPLE of a state can nullify a federal law.

    Likewise, this requires recognizing that each state is a sovereign nation, by law-- and that the United States is NOT a sovereign nation, except by extension of the various individual sovereign member-states.

    This requires some correction of American history, starting back with the War Between the States-- and recognizing Lincoln as a tyrant on a scale with Lenin, Hitler,or Hussein in terms of conquering sovereign states.
    ONLY when the states are recognized individually as popularly sovereign nations, can the Constitution be enforced by by Nullification.

    Mike Church
    Mike Church

    [youtube UlrDTNllmk8 http://www.youtube.com/watch?v=UlrDTNllmk8 youtube]

    Brian McCandliss
    Brian McCandliss

    Mike;
    why didn't you ask Kevin Gutzman whether the states were individual sovereign nations under the Constitution? I had to practically corner him in my e-mails order to get him to admit this; but it's the ONLY question that matters in terms of limiting the federal government-- cuz it sure ain't gonna limit itself.

    Here, he says that nullification won't work-- he's right, but ONLY because states don't prove their national sovereignty first. If they do, then the fed can't STOP them from nullifying, since they'll be proven as sovereign nations; and the fed will have no more power over them, than it has over Canada.

    Peg Wooden
    Peg Wooden

    I like most of what you are doing. I also think we need to bring our senators and reps home to work from their offices in their states. With today's technology there is no need for the expenses to send them to Washington, plus the rarified air there addles their brains. Kept in the states would save us billions of dollars, make them more accessible to our people and less likely to be influenced by radicals and special interest groups. Perhaps the thinking of their voters would be more influential in their states and they might be more interested in state sovereignty if they actually were here all the time.

    Jeff Matthews
    Jeff Matthews

    Looks like the state of Washington's house of representatives has a lot of work to do. I count that 7 of its 98 representatives have gone on record to support its attempt to pass a 10th Amendment Resolution.

    I say, "Bring us Washington, and then, let's talk further." Shea, by the way, is one of those few who is on the right side over there.

    Gary Barnett
    Gary Barnett

    Might I ask what good more legislation will do? The Tenth Amendment is already in place and very clear. Why not then just excercise the states rights that already exist? Whether or not additional legislation is written, real and physical action by the states and the people has to take place before any change will occur. Legislation without action is an excercise in futility. Since the Tenth Amendment is already in place, all that is necessary is for the states to refuse to comply with ANY federal law not consistent with constitutional written (not implied) mandate. It seems rather simple to me, but more legislation accomplises nothing more than political bantering and strutting.

    JMB
    JMB

    Oh! Now I understand, Matthew Shea was simply referring to those state legislators, who had met within their own respective states this summer. Sorry, but I was confused.

    JMB
    JMB

    Was the Declaration of Independence a document that should have been rescinded, before that greatest nation in the would had a chance to so its teeth.

    Brian McCandliss
    Brian McCandliss

    The US is not a nation, and never was. The Declaration of Independence reads as follows:

    "We, therefore, the representatives of the United States of America, in General Congress, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do."

    That's not forming a single nation, but THIRTEEN.
    Lincoln lied, millions died.

    Wynne
    Wynne

    This appears to be a measured and thoughtful plan, and I'm pleased to see it. I wonder, though, how much thought has been given to the possible range of federal responses to acts of nullification.

    It seems to me that the federal government is not likely to suffer gladly challenges to its accumulated, de facto powers. Ad hoc federal court rulings, withdrawal of funding and the exercise of police powers are the first reactions I would expect. They might be supplemented by manipulated, extra-governmental activist violence and disruption.
    Is it probable that organized, constitutional opposition to the federal government would be taken as insurgency and dealt with accordingly? I think it is.

    Behind my remarks lies the belief that we are beyond (or very nearly so) the point where the norms of civil society and the rule of law can be relied upon to achieve the peacful resolution of disputes between the general government and the states (people). The "Sheriff First" part of the plan seems to anticipate my view as does the emergence and growth of the Oath Keepers.

    If the Tenth Amendment strategy is to succeed, I think plans must be laid with the expectation of draconian measures by the federal government, and that careful coordination of actions and timing among states (preferably contiguous) is essential.

    Recognition of the existence of great power and its potential for abuse must be factored into any challenge to it. That the challenge is issued lawfully and in good faith carries little weight.

    Casey Truskunas
    Casey Truskunas

    December is one month out of the year I lay aside our country's problems and concentrate on the fact that my wife's birthday is coming up, the need to buy Christmas presents for about a dozen people is here, a couple parties to go to and host one myself.
    So Merry Christmas 10th Amenders and a happy "throw the bums out in 2010" New Year y'll,

    John Galt
    John Galt

    Seventeenth Amendment Position: This is YOUR Third KEY to FREEDOM.
    Now, that you have restored your Citizenship status back to one of the 50 Countries of the Union, and regained your Constitutional Rights. You will need to demand that your Countries politicians, recall the popular elected State senators sent to washington d.c. and have your Country appoint new ones that will have only the Countries interests to consider. There by returning the governance back to a Republic form of government, from the currently corrupt Democracy form of government. http://www.usconstitution.net/const.html
    You say this is not possible, the seventeenth amendment says they are chosen by popular vote, I strongly argue against this notion. The seventeenth amendment reads:
    The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
    NOWHERE, in this amendment, does it repeal the states RIGHT to choose its senators, I repeat, NOWHERE.
    As was done with the 21st amendment, repealing the 18th amendment.
    So the seventeenth amendment is in conflict with the Constitution and is null and void, the states must take the seventeenth amendment, as an advisory vote by the people, on who the people, would like to be senator to represent the state in Washington d.c. but the states can select the best candidates for the position to stand up for the states interests.
    Article I - The Legislative Branch Section 3 - The Senate The Senate of the United States shall be composed of two Senators from each State, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year;No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.The Senate shall chuse their other Officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States.The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.Amendment 18 - Liquor Abolished. Ratified 1/16/1919. Repealed by Amendment 21, 12/5/1933. History1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.Amendment 21 - Amendment 18 Repealed. Ratified 12/5/1933. History 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
    John Galt

    libertarius
    libertarius

    John,
    Although I agree that repeal of the 17th is one of the most important things we can do to kill the Leviathin. When I return from Afghanistan, I will attempt a run at the State Senate in my home country of TN, with the sole purpose of this one issue.

    However, the flaw in your arguement is that the 17th AMENDS or changes specific portions (therein listed)of Article 1 sec 3, not repeals it. The portion specificall changed is elected by the people from chosen by the State legislatures.

    On the other hand, the 21st AMEND repeals the 18th AMEND, it doesnt amend an article it repeals a previous amendment, which returns it to its orignal (non-existant) status.

    The 11th thru 27th (minus 18 and 21) either amend a previous article or add to those articles.
    You could make similar arguments as yours in regards to the 16th as only part of Art 1 sec 9 where amended (apportionment, census and enumeration) but not others Capitation and DIRECT taxation.

    Even though taxation from income and whatever source derived, were added, the general governments power's are still restricted to itself (operations, property and servants/employees) and the States within the union.

    John Galt
    John Galt

    After you have filed your correct elector registration with the county clerk
    This is YOUR Second KEY to FREEDOM, and Yes, it is this simple.
    Remember, always on all forms, you are a Citizen of one of the 50 Countries that makeup this Union (Citizen of Ohio without the state)
    Not a US citizen(slave).
    Sorry anyone born in Washington D.C. - The District of Columbia, any Territory, or possession of the United States.
    You cannot use this form because you are a slave, and your Plantation Owner is The United States.(Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    John Galt
    215 Mesa Street
    Any town, Ohio [zip]
    Date 01/01/2008
    Internal Revenue Service
    Street Address
    City, State [zip]
    Dear Mr. Computer:
    After further study of the Code.
    This is my Statement.
    I am not required to file a tax return and I am Exempt.
    I was not born in the United States. (Washington D.C. - The District of Columbia, Federal areas, Territories, or possessions thereof)
    I am not a US citizen. (Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    I am not a citizen of the United States. (Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    I am not a United States person.
    I was born in Iowa. Not in a Territory of the United States.
    I have lived in Ohio since January of 2008.
    I am a Citizen of Ohio and America. I am an Ohioan and an American.
    I do not currently nor have I ever lived in the United States. (Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    Ohio is not a part of the United States. Federal areas inside Ohio are Territories of and a part of the United States.
    I do not live in a Federal area, also known as in the State, or within the State, or a Territory of the United States.
    I do not live in a State, or any geographical area that is a part of the United States. (Territories or possessions of Washington D.C. - The District of Columbia.)
    I am not an officer or an employee of the United States.
    I do not work, nor have I ever worked in a Federal area.
    Definitions from USCS:
    26 USC Sec. 7701 (a)
    (9) United States - The term “United States” when used in a geographical sense includes only the States (any Territory or possession of the United States) and the District of Columbia.
    (10) State - The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
    (30) United States person. The term ‘United States person means-
    (A) a citizen or resident of the United States.
    (B) a domestic partnership.
    (C) a domestic corporation, and
    (D) any estate or trust (other than a foreign estate or foreign trust, within the meaning of section 7701(a)(31)).
    THE STATES 4 USCS Sec. 110
    Sec. 110. Same; definitions
    As used in sections 105-109 of this title-
    (d) The term “State” includes any Territory or possession of the United States.
    (e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State.
    Supreme Court decisions for the States 4 USCS Sec. 105 - Interpretive Notes And Decisions
    1. IN GENERAL
    2. Purpose
    Purpose of Buck Act {4 USCS Sec. 105 et seq.} was to equalize liability for income tax between officers and employees of United States who reside within federal areas and those officers and employees, otherwise identically situated, who reside outside federal areas who had become liable for state tax by passage of Public Salary Tax Act 1939 {Act of April 12, 1939, Ch 59, 53 Stat 574}. United States v Lewisberg Area School Dist. (1976, CA3 Pa) 539 F2d 301.
    28 USC Sec. 1746 : Unsworn Declarations Under Penalty of Perjury.
    (1) If executed without the United States: “I declare under penalty of perjury under the laws of the united States of America that the foregoing is true and correct.” Executed on (date). (Signature)
    (2) If executed within the United States, its territories, possessions, or commonwealths: I declare under penalty of perjury that the foregoing is true and correct.” Executed on (date). (Signature)
    Since I was not born, and have never lived, nor have I ever worked in the United States. (Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    I declare under penalty of perjury under the laws of the united states of America that the foregoing is true and correct. Executed on 01-01-2008.
    All Rights Reserved
    Sincerely,
    John Galt

    Brian McCandliss
    Brian McCandliss

    I don't think that the federal Juggernaut will take much notice of anything said or written to it by any one person-- it made its point in 1861-5, that tit can rob, imprison, torture, dstroy or kill when and where it pleases-- and to date, no one has dared to try it again.

    Larry L. Stuler
    Larry L. Stuler

    You are on the right track. But the government's deceit is even deeper than the good work that you've done to counter it. Please see my reply on this site from yesterday (11/30/09).

    Social Security is the heart and soul of the government's fraud.

    A "U.S. citizen" is defined at 26 U.S.C. Sec. 2208 (for estate tax) and 26 U.S.C. Sec. 2501(b) (for gift tax) and at 26 C.F.R. 1.932-1 (for income tax). It is exemplified at 26 C.F.R. 25.2501-1(c) as a person born in one of the sovereign states who then establishes a residence in a U.S. possession (Puerto Rico is used in the example) and further acquires U.S. possession citizenship. This is the 14th Amendment citizen that is born in the United States and subject to its jurisdiction. You are right that a person born in one of the sovereign States is not subject to the jurisdiction of the federal government - one must have U.S. possession citizenship to fall under the federal government's jurisdiction.

    The jurisdiction of "internal revenue" is defined at 26 U.S.C. Sec. 2197 (from the 1939 Code) as "within the external boundaries of the United States" which is obviously the opposite of "within the interior boundaries of the United States", in other words, the U.S. possessions and territories.

    "Internal revenue" is a certain part of the customs. Customs generates revenue from importing duties from foreign countries. Internal revenue generates revenue from importing duties from the U.S. possessions, thus a source of "internal revenue".

    F.I.C.A. is a U.S. possession tax (26 U.S.C. Sec. 7655).

    "Taxpayer" is defined at 26 C.F.R. 2.1-1(a)(5) as a member of the Merchant Marine, a federal employee. Only federal employees are liable for federal employment taxes. 26 C.F.R. 2.1(m) states that the terms used here are the same as in chapter 1 of the Internal Revenue Code. 26 C.F.R. 2.1-1(b) states that these are the terms used for all tax calculations throughout the Code and the regulations.

    The term "resident" includes the definition of "U.S. citizen" and "taxpayer" along with the cite to importing. The term "resident" is found at 26 U.S.C. Sec. 865(g). All IRS indictments deceptively charge the victim as being a "resident".

    Please read my Blog at LLSTULER.wordpress.com as I am now involved in the most important federal tax case in history. I have evidence of docket tampering by the government in order for the courts to dodge ruling on "resident". I have had the courts at the District level and the Appellate level fail to rule on the Constitutionality of an Act of Congress. I am moving forward with this case now. I have my actual court filings on my Blog that can be downloaded.

    John Galt
    John Galt

    After you have filed your correct elector registration with the county clerk
    This is YOUR Second KEY to FREEDOM, and Yes, it is this simple.
    Remember, always on all forms, you are a Citizen of one of the 50 Countries that makeup this Union (Citizen of Ohio without the state)
    Not a US citizen(slave).
    Sorry anyone born in Washington D.C. - The District of Columbia, any Territory, or possession of the United States.
    You cannot use this form because you are a slave, and your Plantation Owner is The United States.(Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    John Galt
    215 Mesa Street
    Any town, Ohio [zip]
    Date 01/01/2008
    Internal Revenue Service
    Street Address
    City, State [zip]
    Dear Mr. Computer:
    After further study of the Code.
    This is my Statement.
    I am not required to file a tax return and I am Exempt.
    I was not born in the United States. (Washington D.C. - The District of Columbia, Federal areas, Territories, or possessions thereof)
    I am not a US citizen. (Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    I am not a citizen of the United States. (Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    I am not a United States person.
    I was born in Iowa. Not in a Territory of the United States.
    I have lived in Ohio since January of 2008.
    I am a Citizen of Ohio and America. I am an Ohioan and an American.
    I do not currently nor have I ever lived in the United States. (Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    Ohio is not a part of the United States. Federal areas inside Ohio are Territories of and a part of the United States.
    I do not live in a Federal area, also known as in the State, or within the State, or a Territory of the United States.
    I do not live in a State, or any geographical area that is a part of the United States. (Territories or possessions of Washington D.C. - The District of Columbia.)
    I am not an officer or an employee of the United States.
    I do not work, nor have I ever worked in a Federal area.
    Definitions from USCS:
    26 USC Sec. 7701 (a)
    (9) United States - The term “United States” when used in a geographical sense includes only the States (any Territory or possession of the United States) and the District of Columbia.
    (10) State - The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
    (30) United States person. The term ‘United States person means-
    (A) a citizen or resident of the United States.
    (B) a domestic partnership.
    (C) a domestic corporation, and
    (D) any estate or trust (other than a foreign estate or foreign trust, within the meaning of section 7701(a)(31)).
    THE STATES 4 USCS Sec. 110
    Sec. 110. Same; definitions
    As used in sections 105-109 of this title-
    (d) The term “State” includes any Territory or possession of the United States.
    (e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State.
    Supreme Court decisions for the States 4 USCS Sec. 105 - Interpretive Notes And Decisions
    1. IN GENERAL
    2. Purpose
    Purpose of Buck Act {4 USCS Sec. 105 et seq.} was to equalize liability for income tax between officers and employees of United States who reside within federal areas and those officers and employees, otherwise identically situated, who reside outside federal areas who had become liable for state tax by passage of Public Salary Tax Act 1939 {Act of April 12, 1939, Ch 59, 53 Stat 574}. United States v Lewisberg Area School Dist. (1976, CA3 Pa) 539 F2d 301.
    28 USC Sec. 1746 : Unsworn Declarations Under Penalty of Perjury.
    (1) If executed without the United States: “I declare under penalty of perjury under the laws of the united States of America that the foregoing is true and correct.” Executed on (date). (Signature)
    (2) If executed within the United States, its territories, possessions, or commonwealths: I declare under penalty of perjury that the foregoing is true and correct.” Executed on (date). (Signature)
    Since I was not born, and have never lived, nor have I ever worked in the United States. (Washington D.C. - The District of Columbia, any Territory, or possession of the United States).
    I declare under penalty of perjury under the laws of the united states of America that the foregoing is true and correct. Executed on 01-01-2008.
    All Rights Reserved
    Sincerely,
    John Galt

    John Galt
    John Galt

    US citizens are the slave property of washington d.c.
    The Road to a Peaceful Revolution
    People have been lied to their whole lives, starting with their parents (who were lied to), then by government run schools, and finally the government on many levels, specifically on the subject of your Citizenship status. By understanding the TRUTH, how you voluntarily signed up to be a citizen of The District of Columbia (US citizen) without your informed consent. You lost your true Citizenship status as a Free Citizen of one of the 50 countries that make up this Union, to voluntarily accept to be a slave citizen of washington d.c.
    By correcting this grave error and restoring your Free Citizen Status, you will restore all of your Constitutional Rights and deprive washington d.c. of a majority of its misplaced power/control over you, without a single shot fired.
    Without further ado:
    Ponder This
    If you were the government, would you provide the keys to freedom or to enslavement?
    Somewhere I read, that the supreme court ruled, that it is not the governments job to teach you as a juror your rights and responsibilities, as to judging the law as well as the subject on trial. This would also mean that you are responsible to know your correct Citizen/citizen slave status. The Truth will set you Free. This is YOUR first KEY to FREEDOM, 1 of only 3 keys required. Please read this very carefully, I have read a lot about the freedom movement, and there is one glaring flaw in all of it. You voluntarily give up your God given Sovereign Citizenship status under This Constitution for The united states of America, for a second rate 14th amendment US citizen, slave citizenship of washington d.c. (us citizen/citizen of the united states, first defined in the constitution at that point in time of the 14th amendment) when you register to vote, or sign any government documents.
    Can someone prove this as being incorrect, when you sign all government provided forms, voter registration, jury summons, etc. you are voluntarily Swearing under oath, That you live in the District of Columbia, or one of its subdivisions, and want to be treated as a corporate slave with NO Constitutional Rights as a corporate citizen? And also that the Social Security Number is the nexus, that makes you that slave in the corporate matrix? That is why the income tax is legal in washington d.c. and its subdivisions and US citizens are required to pay it. US citizens have no constitutional rights. (look it up you’ll be floored.)
    This is the correct Elector Registration Form for a Citizen of one of the 50 Countries of the Union (Not Washington D.C.) the definition of united states has been corrupted by the supreme court which gave it 3 definitions, the definition of state has been corrupted by congress to mean washington d.c. This will return your Citizenship Status back to where it rightfully is-was, before the 14th amendment.
    Your County Clerk and Recorder
    Street Domicile
    Any town, Ohio [zip]
    01/01/2008
    John Galt
    215 Mesa Street
    Any town, Ohio [zip]
    Elector Registration-notice of changes
    Nativity-natural live birth, 01/01/0000 in Anytown, Anycounty, Iowa. Not in a Territory or possession of the United States.
    I have lived in Ohio since January of 2008.
    I have lived at my present domicile 215 Mesa Street, Anytown, Anycounty, in Ohio, since January of 2008.
    I am a Citizen of Ohio and America. I am an Ohioan and an American.
    I am a Free Man/Woman.
    Party Enrollment – Unaffiliated.
    Remove the Social Security Number from the registration card. The Social Security Number is the Property of the Social Security Administration and I DO NOT own it. And therefore it is not mine to give out.
    I was not born in the United States. (Washington D.C. – The District of Columbia, Federal areas, Territories, or possessions thereof)
    I am not a citizen of the United States (Washington D.C. – The District of Columbia, any Territory or possession of the United States).
    I am not a United States person.
    I am not a corporate person, corporate citizen, or corporate individual.
    I do not currently have a residence nor have I ever resided in the United States. (Washington D.C. – The District of Columbia, Federal areas, Territories, or possessions thereof)
    Ohio is not a part of the United States. Federal areas inside Ohio are Territories of and a part of the United States.
    I do not live in a Federal area, also known as in the State, or within the State, or a Territory of the United States.
    I do not live in a State, or any geographical area that is a part of the United States. (Territories or possessions of Washington D.C. – The District of Columbia.)
    Definitions from USCS:
    26 USC Sec. 7701 (a)
    (9) United States – The term “United States” when used in a geographical sense includes only the States (any Territory or possession of the United States) and the District of Columbia.
    (10) State – The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
    (30) United States person. The term ‘United States person’ means-
    (A) a citizen or resident of the United States.
    (B) a domestic partnership.
    (C) a domestic corporation, and
    (D) any estate or trust (other than a foreign estate or foreign trust, within the meaning of section 7701(a)(31)).
    THE STATES 4 USCS Sec. 110
    As used in sections 105-109 of this title-
    (d) The term “State” includes any Territory or possession of the United States.
    (e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State. (Inside the outer boundaries of, but not a part of, the 50 countries of the Union)
    28 USC Sec. 1746: Unsworn Declarations Under Penalty of Perjury.
    (1) If executed without the United States: “I declare under penalty of perjury under the laws of the united states of America that the foregoing is true and correct.” Executed on (date). (Signature)
    (2) If executed within the United States, its territories, possessions, or commonwealths: I declare under penalty of perjury that the foregoing is true and correct.” Executed on (date). (Signature)
    Since I was not born, and do not live, or work in the United States. (Washington D.C. – The District of Columbia, Federal areas, Territories, or possessions thereof)
    I declare under penalty of perjury under the laws of Ohio and under the Constitution for The united states of America that the foregoing is true and correct. Executed on 01-01-2008.
    All Rights Reserved
    Sincerely,
    John Galt
    PS. On all contracts, Voter/Elector Registration, Drivers License, Mortgage, Marriage License, Employment, Traffic Tickets, Bank Account, Rental, that you put your signature on, first thing to do, is write above where you will sign- All Rights Reserved –this throws the contract that it is written under, the UCC Code -UNIFORM COMMERCIAL CODE, that all CORPORATIONS operate under, back into common law. This will protect your Constitutional Rights. This will move you one-step higher above/over the corporate matrix, and back to being the Master over the corporate matrix, instead of being a slave under the corporate matrix. Then change the Unsworn Declarations Under Penalty of Perjury - statement to signify without the united states.
    PPS. I have this on file with the county clerks office and I elect the least offensive lying scumbag that I can. PPPS. It is both funny and irritating at the same time, for it seems that I am not in the county/state corporate government computers, and other odd happenings (all Good) when dealing with the government.

    John Galt
    John Galt

    US citizens are the slave property of washington d.c.
    The Road to a Peaceful Revolution
    People have been lied to their whole lives, starting with their parents (who were lied to), then by government run schools, and finally the government on many levels, specifically on the subject of your Citizenship status. By understanding the TRUTH, how you voluntarily signed up to be a citizen of The District of Columbia (US citizen) without your informed consent. You lost your true Citizenship status as a Free Citizen of one of the 50 countries that make up this Union, to voluntarily accept to be a slave citizen of washington d.c.
    By correcting this grave error and restoring your Free Citizen Status, you will restore all of your Constitutional Rights and deprive washington d.c. of a majority of its misplaced power/control over you, without a single shot fired.
    Without further ado:
    Ponder This
    If you were the government, would you provide the keys to freedom or to enslavement?
    Somewhere I read, that the supreme court ruled, that it is not the governments job to teach you as a juror your rights and responsibilities, as to judging the law as well as the subject on trial. This would also mean that you are responsible to know your correct Citizen/citizen slave status. The Truth will set you Free. This is YOUR first KEY to FREEDOM, 1 of only 3 keys required. Please read this very carefully, I have read a lot about the freedom movement, and there is one glaring flaw in all of it. You voluntarily give up your God given Sovereign Citizenship status under This Constitution for The united states of America, for a second rate 14th amendment US citizen, slave citizenship of washington d.c. (us citizen/citizen of the united states, first defined in the constitution at that point in time of the 14th amendment) when you register to vote, or sign any government documents.
    Can someone prove this as being incorrect, when you sign all government provided forms, voter registration, jury summons, etc. you are voluntarily Swearing under oath, That you live in the District of Columbia, or one of its subdivisions, and want to be treated as a corporate slave with NO Constitutional Rights as a corporate citizen? And also that the Social Security Number is the nexus, that makes you that slave in the corporate matrix? That is why the income tax is legal in washington d.c. and its subdivisions and US citizens are required to pay it. US citizens have no constitutional rights. (look it up you’ll be floored.)
    This is the correct Elector Registration Form for a Citizen of one of the 50 Countries of the Union (Not Washington D.C.) the definition of united states has been corrupted by the supreme court which gave it 3 definitions, the definition of state has been corrupted by congress to mean washington d.c. This will return your Citizenship Status back to where it rightfully is-was, before the 14th amendment.
    Your County Clerk and Recorder
    Street Domicile
    Any town, Ohio [zip]
    01/01/2008
    John Galt
    215 Mesa Street
    Any town, Ohio [zip]
    Elector Registration-notice of changes
    Nativity-natural live birth, 01/01/0000 in Anytown, Anycounty, Iowa. Not in a Territory or possession of the United States.
    I have lived in Ohio since January of 2008.
    I have lived at my present domicile 215 Mesa Street, Anytown, Anycounty, in Ohio, since January of 2008.
    I am a Citizen of Ohio and America. I am an Ohioan and an American.
    I am a Free Man/Woman.
    Party Enrollment – Unaffiliated.
    Remove the Social Security Number from the registration card. The Social Security Number is the Property of the Social Security Administration and I DO NOT own it. And therefore it is not mine to give out.
    I was not born in the United States. (Washington D.C. – The District of Columbia, Federal areas, Territories, or possessions thereof)
    I am not a citizen of the United States (Washington D.C. – The District of Columbia, any Territory or possession of the United States).
    I am not a United States person.
    I am not a corporate person, corporate citizen, or corporate individual.
    I do not currently have a residence nor have I ever resided in the United States. (Washington D.C. – The District of Columbia, Federal areas, Territories, or possessions thereof)
    Ohio is not a part of the United States. Federal areas inside Ohio are Territories of and a part of the United States.
    I do not live in a Federal area, also known as in the State, or within the State, or a Territory of the United States.
    I do not live in a State, or any geographical area that is a part of the United States. (Territories or possessions of Washington D.C. – The District of Columbia.)
    Definitions from USCS:
    26 USC Sec. 7701 (a)
    (9) United States – The term “United States” when used in a geographical sense includes only the States (any Territory or possession of the United States) and the District of Columbia.
    (10) State – The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
    (30) United States person. The term ‘United States person’ means-
    (A) a citizen or resident of the United States.
    (B) a domestic partnership.
    (C) a domestic corporation, and
    (D) any estate or trust (other than a foreign estate or foreign trust, within the meaning of section 7701(a)(31)).
    THE STATES 4 USCS Sec. 110
    As used in sections 105-109 of this title-
    (d) The term “State” includes any Territory or possession of the United States.
    (e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State. (Inside the outer boundaries of, but not a part of, the 50 countries of the Union)
    28 USC Sec. 1746: Unsworn Declarations Under Penalty of Perjury.
    (1) If executed without the United States: “I declare under penalty of perjury under the laws of the united states of America that the foregoing is true and correct.” Executed on (date). (Signature)
    (2) If executed within the United States, its territories, possessions, or commonwealths: I declare under penalty of perjury that the foregoing is true and correct.” Executed on (date). (Signature)
    Since I was not born, and do not live, or work in the United States. (Washington D.C. – The District of Columbia, Federal areas, Territories, or possessions thereof)
    I declare under penalty of perjury under the laws of Ohio and under the Constitution for The united states of America that the foregoing is true and correct. Executed on 01-01-2008.
    All Rights Reserved
    Sincerely,
    John Galt
    PS. On all contracts, Voter/Elector Registration, Drivers License, Mortgage, Marriage License, Employment, Traffic Tickets, Bank Account, Rental, that you put your signature on, first thing to do, is write above where you will sign- All Rights Reserved –this throws the contract that it is written under, the UCC Code -UNIFORM COMMERCIAL CODE, that all CORPORATIONS operate under, back into common law. This will protect your Constitutional Rights. This will move you one-step higher above/over the corporate matrix, and back to being the Master over the corporate matrix, instead of being a slave under the corporate matrix. Then change the Unsworn Declarations Under Penalty of Perjury - statement to signify without the united states.
    PPS. I have this on file with the county clerks office and I elect the least offensive lying scumbag that I can. PPPS. It is both funny and irritating at the same time, for it seems that I am not in the county/state corporate government computers, and other odd happenings (all Good) when dealing with the government.

    JMB
    JMB

    Maybe I just missed it, but this is the first time that I have read about legislators from several states meeting this summer to specifically address the steps needed to restore our Constitutional republic.

    This to me is very encouraging, however, I do have two questions that maybe someone here can answer, who were these legislators, and where was this gathering held.

    Nick
    Nick

    By the way, Jack, note that state-level nullification applies regardless of which party is running D.C. These are timeless principles.

    Nick
    Nick

    It's good to hear that Ray signed; I knew he was an ideal person for the pledge.

    Bob Greenslade
    Bob Greenslade

    This is what happens when the the separation of power between the States and their federal government is ignored.

    Press Release from the Speaker of the House of Representatives.

    Pelosi declares the power of Congress to regulate health care is essentially unlimited.

    "Reform opponents continue to spread myths about components of America’s Affordable Health Choices Act, including the nonsensical claim that the federal government has no constitutionally valid role in reforming our health care system—apparently ignoring the validity of Medicare and other popular federal health reforms.

    MYTH:"Health insurance reform could be unconstitutional…or violate the 10th amendment."

    FACT: As with Medicare and Medicaid, the federal government has the Constitutional power to reform our health care system.

    The 10th amendment to the U.S. Constitution states that the powers not delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states … or to the people. But the Constitution gives Congress broad power to regulate activities that have an effect on interstate commerce. Congress has used this authority to regulate many aspects of American life, from labor relations to education to health care to agricultural production. Since virtually every aspect of the heath care system has an effect on interstate commerce, the power of Congress to regulate health care is essentially unlimited.

    The 10th amendment does not authorize states to constrict Congress’ power under the commerce clause. As the Supreme Court has held, Congress can bar racial discrimination in Ollie’s Barbeque in Alabama (Katzenbach v. McClung) or the growing and sale of medical marijuana in California (Gonzales v. Raich), even in the face of state laws permitting such behavior.

    The 10th amendment does place one significant limit on Congress and the federal government: Congress cannot “commandeer” state officials to administer programs. It must get the consent of state officials who are asked, e.g., to run health programs for the poor or to help build highways. Typically, Congress obtains that consent by providing financial support to the states. A state is free to refuse the support and refuse to assist the federal government in administering the program, but Congress can authorize the federal government to administer the program on its own. Thus, Congress cannot force a state to administer a health insurance exchange, but it can authorize the federal government to administer such an exchange in any state that declines to do so.

    One of the myth’s most highly visible proponents has now "backed away from earlier statements" here in an interview with ABC News’ George Stephanopoulos:

    STEPHANOPOULOS: So just to be clear, are you suggesting that any parts of the plan as the President has laid it out are unconstitutional?

    Gov. PAWLENTY (R-Minnesota): Well, I wouldn't go so far as to say it's a legal issue. I was raising it as much as a practical matter, that there are some things that the federal government shouldn't do, doesn't do well, and should leave to the states."

    On the shared responsibility requirement in the House health insurance reform bill, which operates like auto insurance in most states, individuals must either purchase coverage (and non-exempt employers must purchase coverage for their workers)—or pay a modest penalty for not doing so. The bill uses the tax code to provide a strong incentive for Americans to have insurance coverage and not pass their emergency health costs onto other Americans—but it allows them a way to pay their way out of that obligation. There is no constitutional problem with these provisions."

    End

    http://www.speaker.gov/newsroom/factcheck?id=0107

    Dave Erickson
    Dave Erickson

    You are, of course, entitled to your opinion, but this is not a liberal or conservative issue -- it is a question of rights granted to the individual states versus the over-reach of federal authority. The rights and responsibilities of the general (federal) government are very narrowly defined, while the rights and responsibilities of the states are broadly inclusive. It is safe to say that no other President in the history of the Republic has come close to the kind of power grab we're seeing from the Obama administration. History may very well dub him "Barack the Usurper."

    Dave
    Dave

    How many states must participate to make this effective? Obviously not all will. States in the east, especially northeast, are far too liberal and addicted to 'big government' to support this. Forget California for obvious reasons. So if only 1/2 - 2/3 of the states can pass this type of legislation, how effective will this be?

    Brian
    Brian

    It's kind of ironic that you think the northeast and California wouldn't be interested in state sovereignty; they're the states who are net taxpayers and the rest are net tax-eaters. I'm from California and I rarely meet serious opposition to the idea of breaking off from the US - people mostly seem to think "it'd be nice, but remember what Sherman did to Atlanta, the Feds wouldn't let us go"... It's a pretty easy argument to make to stereotypical liberal Californians that an independent California wouldn't be at war all over the world, we would have decriminalized marijuana even more than we already do, the farm lobby, Wall Street, et al would stop looting our productive industries through federal subsidies, and we wouldn't be subject to Bible Belt Jesus freaks in making legislation about things like stem cell research, abortion, gay rights, etc.

    libertarius
    libertarius

    Dave,
    All we need is one to do it and stand up for it.
    The others will follow, even if the Fed uses force as it did in 1861. Virginia followed to defend her sister states.

    Don Turley
    Don Turley

    correct, very well thought out, i stand behind this plan and will do whatever necessary to see it through in the district in which i reside.

    MichaelBoldin
    MichaelBoldin

    We do too, Nick! A lot of similarities here. And FYI - Ray McBerry just signed on to our 10-4 Pledge for the Constitution - as did Rep Shea some time ago.

    Larry L. Stuler
    Larry L. Stuler

    Everyone who has read the Supreme Court decisions concerning the 16th Amendment (Brushaber v. Union Pacific, Stanton v. Baltic Mining, Eisner v. Macomber, Peck & Co. v. Lowe, etc.) has latched onto a mere snippet of the Court's decisions - the government always had the power to tax income. The rest of the Court's decisions state that no new taxing power was granted to the government - no new or excepted subjects. See more concerning the Supreme Court decisions at http://wp.me/pCW6e-3a of my Blog.

    Therefore, if no new power of taxing was granted to the government and the government always had the power to tax income, then the revenue being generated for the government from an income tax must come from one of the original commerce jurisdictions of the federal government - foreign commerce, interstate commerce, and Indian commerce. The three commerce jurisdictions are found in title 28, "Judiciary and judicial procedure", chapter 85, "District courts; jurisdiction" cited separately. Section 1336, "Surface Board Transportation orders", renamed from "Interstate Commerce Commission's orders" in 1995, is the interstate commerce jurisdiction. Section 1362, "Indian tribes", is obviously Indian commerce jurisdiction. Section 1340, "Internal revenue; customs duties", is foreign commerce jurisdiction.

    "Internal revenue" is a special part of the Customs. Customs gains revenue from the collection of duties on importing from foreign countries. Internal revenue gains revenue from the collection of duties on importing from U.S. possessions - thus it is a source of "internal revenue". See more at http://wp.me/pCW6e-3Z of my Blog.

    The income tax was originated within an Act of Congress approved on August 5, 1861, and it only applies to assessors and collectors of internal duties. See more at http://wp.me/pCW6e-4A of my Blog.

    Applying for a Social Security number is the basis of all of America's problems. An applicant for Social Security became a federal employee - only federal employees pay federal employment taxes. The definition of "taxpayer" is a member of the Merchant Marine, a federal employee. A member of the Merchant Marine is engaged in foreign commerce. FICA is a U.S. possession tax (title 26 U.S.C. Section 7655).
    By applying for a Social Security number an American has given away all sovereignty and become a slave for the federal government. Actually a slave for the international counterfeiters (the Federal Reserve) since the federal government went bankrupt in 1933. Title 11 U.S.C., "Bankruptcy", is implemented by title 11 C.F.R., "Federal elections". We are simply electing a bankruptcy "administration" at election time. See more on my Blog at LLSTULER.wordpress.com.

    I am now involved in the most important federal tax case in the history of this country. It took me over 8 years to discover what I am now exposing to the public.
    There is a lot of commentary going on now about the federal government socializing health care. This country became Socialist in 1933 through 1939 when all of the "New Deal" programs were initiated. Social Security made everyone a federal employee subject to a host of socialist agencies, such as the EPA, the FDA, the FTC, the FCC, the SEC, the IRS, the Dept of Education, etc.
    Socialism has many forms; Communism, Fascism, Nazism, Social democracy, etc. It all comes down to a simple point - initiatory force by the government based on some supposed higher good. All initiatory force is criminal. The Declaration of Independence stated that "all men are created equal" (and, of course, women), so no man or group of men may initiate force against another man or group of men, including government. Our government should only be a defensive force - a source of justice for someone as a victim after a perpetrator initiated force or fraud against that victim. Our government and its owners, the Federal Reserve, are quite aware of the sovereignty of the individual American and so have created the Social Security scam in order to gain control over all Americans.

    Bob
    Bob

    Larry,
    Well done response. Thank you!!

    Terry Morris
    Terry Morris

    Well, of course, it defies common logic that the federal Congress found it necessary to amend the constitution as a preliminary step in asserting this power to tax individuals through the imposition of an income tax, if, as the SCOTUS has ruled, this power always existed. It's about the same thing as arguing that women always had the right to vote in American elections, or that the president has always been term limited via some hidden constitutional principle, or that Senators have always been subject to direct election by the People, etc. Here again the SCOTUS has shown what nitwits occupy its exalted seats. Or is it that they think we're all a bunch of half-wits?

    But this whole idea of the central government imposing a direct tax on the incomes of individuals is, to put it as nicely as I can possibly muster, completely idiotic.

    libertarius
    libertarius

    Larry,
    I agree with the mass majority of your post.
    You sound more entrenched legally in the issue of the 16th then I wish to be.
    But I have to ask some questions on your postulations that the government had powers of taxation upon incomes from the beginning.
    I can understand where one would think that the pre-amble to Article 1 section 8, where it states that "Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises..... would mean that the General Congress has power of taxation. It does in fact have power of taxation, but only upon the States. The only governing powers within Articles 1 thru 7 in which the Federal government has "power" over We The People are centered either around persons that are members of the General Govt or those person's treatments within States other than their own, so still that would be a restriction or a mandate to the States themselves and not the people.
    In fact, no where with first 13 amendments does any rule apply as a power over the people, but as restrictions upon the General and States goverments.
    It is not until the 14th that the Gen gvt asserts power over any person sec 1. "All persons born or naturalized in the United States, and subject to the jurisdiction of...sec 2 but when the right to vote in the election for...the executive and judicial officers of a STATE...is denied to any male...being 21 years of age...or in any way abridged, EXCEPT for participation in rebellion.... sec 3 No person shall be a..or hold ANY office..or as a member of any STATE legislature, or executive or judicial officer of any STATE...shall have engaged in insurrection or rebellion.. and finally Sec 5. where they legalized the witholding of legal payment owed to Southerners(personal property) or the forced emancipation of slaves (theft of personal property). Even though these conditions pertained directly to people they were still directed at who the States could qualify to vote and be representatives, so again a restriction or mandate upon the States.
    15th, mandate to the States
    Now the 16th arguably could be interpreted to pertain to the people (devoid of USC rulings to the contrary). But it is clearly referencing or attempting to ammend Article 1 sec 9 para 4. Notice in that article, that "No capitation, or other DIRECT TAX shall be laid, UNLESS in proportion to the Census or Enumeration hereinbefore directed to be taken"
    Although the 16th states, " The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration" Only the apportionment, regard to census and enumeration was amended not the DIRECT tax or Capitation portion thereof.
    So surely they can tax incomes from employees of the general government (and I agree that in having a TIN we volunteer into that system). But if the arguement is that this pertains to We the People, then this would be the ONLY article in the US Constituion that does as such.
    I agree that Lincolns Congress enacted an income tax to fund his war of aggression, but this was not an enumerated power of Congress, and as in Mabry vs. Madison all laws averse to the Constitution, even if law in name is null and void. Also, I do believe this Act was repealed shortly after Lincoln's death.
    You are probably way more learned in the how the General Government views this, but this is my take on.
    I would appreciate you input or clarification on your earlier statement about the Constitutional authority to apply a direct taxation upon the incomes of the people from the begining.

    Larry Stuler
    Larry Stuler

    I am only reporting what the Supreme Court held in the Stanton v. Baltic Mining decision. There it held: "By the previous ruling it was settled that the 16th Amendment conferred no new power of taxation but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged...".

    The previous ruling referred to above was the Brushaber v. Union Pacific R.R. decision. Brushaber was the Supreme Court decision that ruled that the 16th Amendment was constitutional.

    The IRS always points to the Brushaber decision as their right to enforce the income tax.

    What the Supreme Court knew was that Frank Brushaber was an assessor and collector for foreign investors in the Union Pacific, acting as their fiduciary. In other words, he was a tax collector. It is only tax collectors that are subject to the income tax. You are right that the Constitution gives no power to the federal government over individuals (other than the enumerated crimes such as counterfeiting, kidnapping over state lines, etc.). The income tax applies only to federal revenue collectors. This means federal employees.

    What I was pointing out was that since the Supreme Court ruled that the government always had the power to tax incomes, then it must have been within one of the commerce jurisdictions already in place - foreign commerce, interstate commerce, or Indian commerce.

    So what is going on behind the scenes in the Social Security scam is that you are earning an undistributed dividend that is based upon revenue from importing in the U.S. possessions. Since it is undistributed, you never know about it. You don't have to report it because it is being offset by your foreign tax credit - FICA. FICA is a U.S. possession tax.

    This is the devious way that the government is "legally" (in their perverted minds) enforcing the income tax on everyone - by making everyone a collector of importing duties without their knowledge. The definition of "taxpayer" is found at 26 CFR 2.1-1(a)(5). It is a member of the Merchant Marine, a federal employee.

    You are right that there is no nexus between sovereign Americans and the federal government. We have all been suckered into this Social Security scam.

    What I am doing now is exposing the actual laws behind all of this on my Blog. I only finally figured out the last of it this past summer after over 8 years of fighting the government in their courts.

    I ask that you take the time to read my Blog (The Social Security scam) at LLSTULER.wordpress.com and all the posts on the "Posts for freedom" page. I have the actual court documents that I have filed available there to download.

    Thanks for responding.

    Don
    Don

    Larry,

    It was my understanding that the Income Tax was declared unconstitutional via Supreme Court decision in 1895, because it was a direct tax on citizens. This is why the U.S. Constitution had to be amended. The ratification of the 16th Amendment is also suspect.

    In connection to your comments on "socialism", it is noteworthy to mention that Karl Marx wrote a ten point platform for taking over developed nations; including the taxing of income (16th Amendment), A central bank (The Federal Reserve), Free (paid by the State via taxpayers) public education (or "indoctrination") of children, and seven more at various degrees of implementation.

    Sort of makes one think that someone is following a carefully contrived plan!

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