Chapter 10:
The Fundamental Law
The law of
presumption is in the class of laws akin to esoteric technicalities. It is quite possible that we could get along
quite well without it. The fundamental
law, on the other hand, is just what it says:
it is a law that is essential, of central importance. We could not get along without it. It
determines the essential structure and function of our society. It serves as an original and generating
source. A fundamental right, for
example, is one which is innate to all free people. When used as a noun, the term
"fundamental" refers to one of the minimum constituents, without
which a system would not be what it is.
In Latin, it is the sine qua non,
without which there is nothing. What, then,
is the fundamental law in our country?
The
fundamental law in America is the Constitution for the United States of
America. Black's Law Dictionary,
Sixth Edition, contains a definition of "fundamental law" as follows:
Fundamental
law. The law which determines the
constitution of government in a nation or state, and prescribes and regulates
the manner of its exercise. The organic
law of a nation or state; its constitution.
The
Constitution is a contract of delegated powers.
These powers flow downhill, like water down a mountain stream. The ultimate source of all power is the
Creator, who endowed His creations with certain unalienable rights. You and I are His creations, and we receive
our power directly from the Creator;
there is nothing standing between us and the Creator.
We the people, in turn, delegate some
of our powers to the States of the Union.
We do not relinquish our
powers; we delegate them. The 50 States
exist to defend our rights in ways which are difficult if not impossible for
individuals to defend those rights alone.
Power from
the 50 States continues to flow downhill in the form of a contract to the
federal government. The Constitution for
the United States of America is a contract of powers delegated to the federal government
by the 50 States, to perform specific enumerated services which are difficult,
if not impossible, for individual States to provide for themselves.
The fundamental law is, therefore, a
"law of agency" whereby the 50 States created an agent in the federal
government to exercise a limited set of government services on behalf of the 50
States. These States in turn perform a
limited set of services for their creators, the People, above whom there is
nothing but the Creator.
The
fundamental law is the foundation of our society. In the United States of America, it is the
U.S. Constitution. Through this
document, our fundamental rights are secured and protected against infringement
by the federal government and by the
State governments, because the States are also parties to this contract.
To paraphrase the Declaration of
Independence, we hold these truths to be self-evident: that all of us are created equal; that we are
endowed by our Creator with certain unalienable rights; that among these are the rights to life,
liberty, and the pursuit of happiness;
that to secure these rights, governments are instituted among us, deriving their just power from our consent. These rights are unalienable, fundamental,
and inherent.
The
fundamental law is intimately connected with fundamental rights, because the
ultimate purpose of that law is to protect and defend the fundamental rights of
Sovereign individuals. The Supreme Court
of the United States put it very eloquently when it said:
Sovereignty itself is, of course, not
subject to law, for it is the author and source of law; but in our system, while sovereign powers are
delegated to the agencies of government, sovereignty
itself remains with the people, by whom and for whom all government exists and
acts. And the law is the definition
and limitation of power.
[Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886)]
[emphasis added]
Every
Sovereign State Citizen is endowed with certain unalienable rights, for the
enjoyment of which no written law or statute is required. "These are fundamental or natural
rights, recognized among all free people," wrote Chancellor Kent in the
case of United States v. Morris.
The U.S. Supreme Court has repeatedly stated that fundamental rights are
natural rights which are inherent in
State Citizenship:
This position is that the privileges and
immunities clause protects all citizens against abridgment by states of rights
of national citizenship as distinct from
the fundamental or natural rights inherent in state citizenship.
[Madden v. Kentucky, 309 U.S. 83 (1940)]
[84 L.Ed. 590, at 594;
emphasis added]
What are the fundamental or natural rights recognized
among all free people? Chancellor Kent
answered as follows:
That the rights to lease land and to accept
employment as a laborer for hire are fundamental rights, inherent in every free
citizen, is indisputable.
[United States v. Morris, 125 F.Rept. 322, 331
(1903)]
One of the most
precious of fundamental rights is the natural right to enjoy the fruits of our
own labor, our own "industry".
In the year 1919, the Secretary of the Treasury recognized as
"fundamental" the right of Sovereign State Citizens to accept
employment as laborers for hire, and to enjoy the fruits of their own labor:
Gross income excludes the items of income
specifically exempt by ... fundamental law free
from such tax.
[Treasury Decisions under Internal Revenue Laws
of the United States,
Vol. 21, Article 71]
[emphasis added]
In the year 1921, the Secretary of the Treasury
reiterated this statement concerning the fundamental law:
Gross income excludes the items of income
specifically exempted by the statute and also certain other kinds of income by
statute or fundamental law free from tax.
[Treasury Decision 3146, Vol.
23, page 376]
[emphasis added]
And again in the year 1924, the identical statement was published concerning the fundamental law:
Gross income excludes the items of income
specifically exempted by the statute and also certain other kinds of income by
statute or fundamental law free from tax.
[Treasury Decision 3640, Vol.
26, page 769]
[emphasis added]
The
Constitution is, therefore, the fundamental law. Within the 50 States where Congress is
restrained by the Constitution, "gross income" excludes certain kinds
of income which are free from tax under the fundamental law. Labor is personal property. The fruits of labor are personal
property. A tax on personal property is
a direct tax, or "capitation" tax.
Outside the federal zone and inside the 50 States, Congress is
restrained from imposing a direct tax on Sovereign State Citizens, unless that
tax is apportioned (see 1:9:4 and 1:2:3).
Apportionment is a very simple
concept. If California has 10 percent of
the nation's population, then California's "portion" would be 10
percent of any direct tax levied by Congress (see Appendix
Q). Thus, the income from labor is
also personal property, which is free from direct taxation by Congress, unless
that tax is apportioned among the 50 States of the Union. In the year 1895, the Supreme Court
overturned an Act of Congress precisely
because it levied a direct tax without apportionment on a State Citizen:
First. We adhere to the opinion already announced,
that, taxes on real estate being indisputably direct taxes, taxes on the rents
or income of real estate are equally direct taxes.
Second. We are of the opinion that taxes on personal property, or on the
income of personal property, are likewise direct taxes.
Third. The tax imposed by sections twenty-seven to
thirty-seven, inclusive, of the act of 1894, so far as it falls on the income
of real estate and of personal property, being a direct tax within the meaning
of the Constitution, and therefore,
unconstitutional and void because not apportioned according to representation,
all those sections, consisting of one entire scheme of taxation, are
necessarily invalid.
[Pollock v. Farmers' Loan & Trust Co.]
[158 U.S. 601 (1895)]
[emphasis added]
It is important to realize that
Charles Pollock was a Citizen of Massachusetts; he was not a citizen of the United
States**. This fact is often overlooked
in discussions of the Pollock case, because the U.S. Supreme Court's
decision explored the history and meaning of direct taxes in such great
depth. Pollock's political status can
easily get lost like a needle in a haystack.
Even experts like author and attorney Jeffrey Dickstein have been
mistaken about Pollock's status:
The Pollock
Court clearly found that a tax on the entire income of a United States** citizen was a direct tax that required
apportionment to withstand constitutional validity.
[Judicial Tyranny and Your Income Tax, page 20]
[emphasis added]
Nevertheless, the political status of Charles Pollock is
clearly established in the very first
sentence of the Pollock decision, as follows:
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 Farmers' Loan & Trust
Company, a corporation of the state of New York, and its directors ....
[Pollock v. Farmers' Loan & Trust Co.]
[157 U.S. 673, 674 (1895)]
[emphasis added]
Notice also that the Farmers' Loan
& Trust Company was a corporation of the State of New York. As such, it was a foreign corporation with respect to the federal zone, not a domestic corporation. This is one of the key factual differences
between the Pollock and Brushaber cases. This difference has similarly been ignored by
many of those who have done any analysis of Pollock. A headnote in the decision explains the
corporate implications, as understood by the Supreme Court at that time:
5.
In so far as the
act levies a tax upon income derived from municipal bonds, it is invalid,
because such tax is a tax on the power
of the states and their instrumentalities to borrow money, and consequently
repugnant to the constitution.
[Pollock v. Farmers' Loan & Trust Co.]
[157 U.S. 673 (1895), emphasis added]
The Pollock case has never been
overturned and is still the holding case law on direct taxes. In light of some 17,000 State-certified documents
which prove that the so-called 16th Amendment never became law, the importance
of the Pollock ruling is vastly enhanced. All direct taxes levied upon State Citizens
inside the 50 States must be apportioned, as required by the U.S.
Constitution.
The situation
within the federal zone is entirely different.
Remember that Congress has exclusive legislative authority within the
federal zone. This means that Congress
is not restrained by the Constitution within this zone. Therefore, Congress is not required to
apportion a direct tax within the federal zone. When it comes to law, the areas
inside and outside the federal zone are heterogeneous with respect to each
other, resulting in a principle of
territorial heterogeneity. This
principle states that areas within
the federal zone are subject to one set of rules; the areas without
the federal zone are subject to a different set of rules. The Constitution rules outside the zone; the acts of Congress rule inside the
zone. (See Appendix
W for a summary of Downes v. Bidwell, the pivotal case on this
question.) In describing the powers
delegated to Congress by Article 1, Section 8, Clause 17, and by Article 4,
Section 3, Clause 2, of the U.S. Constitution, the Supreme Court has explained
this principle as follows:
In exercising this power, Congress is not subject to the same
constitutional limitations, as when it is legislating for the United States***.
... And in general the guarantees of the
Constitution, save as they are limitations upon the exercise of executive
and legislative power when exerted for or over our insular possessions, extend to them only as Congress, in the
exercise of its legislative power over territory belonging to the United
States**, has made those guarantees
applicable.
[Hooven & Allison Co. v. Evatt, 324 U.S. 653
(1945)]
[emphasis added]
Without referring to it as such, author Lori Jacques describes the principle of territorial
heterogeneity as follows:
The "graduated income tax" is
not a constitutionally authorized tax within the several states; however, Congress
is apparently not prohibited from levying that type of tax upon the
"subjects of the sovereign" in the Possessions and Territories. The definitions of "United States"
and "State" are stated "geographically to include" only
those areas constitutionally within
congress' exclusive legislative jurisdiction upon whom a graduated tax can
be imposed.
[A Ticket to Liberty, November 1990 edition]
[page 54, emphasis added]
The
limitation against direct taxes without apportionment is not the only
limitation on Congress outside the federal zone. There are many other limitations. The most famous of these is the Bill of
Rights, which recently celebrated its 200th Anniversary (with little if any
fanfare by federal government officials).
The Bill of Rights is the first 10 amendments to the U.S. Constitution.
There is a widespread misunderstanding
that the U.S. Constitution, as amended by the Bill of Rights, is the source of those rights which are
enumerated in the first 10 amendments.
Even Black's Law Dictionary makes this "fundamental"
error as follows:
Fundamental
rights. Those rights which have
their source, and are explicitly or implicitly guaranteed, in the federal
constitution.
The rights
enumerated in the Bill of Rights did not have their source in the federal
Constitution. If this were the case,
then our unalienable rights would not have existed before that Constitution was
written. Of course, this is
nonsense. The Declaration of
Independence existed long before the U.S. Constitution. One has only to read that Declaration
carefully to appreciate the source of our fundamental, unalienable rights. We are endowed "by our Creator with certain unalienable rights". These rights are not endowed by the Constitution.
They are inherent rights which exist quite independently of any form of
government we might invent to secure those rights. We relinquish our rights if and only if we
waive those rights knowingly, intentionally, and voluntarily, or act in such a
way as to infringe on the rights of others.
As the Supreme Court has said:
... [A]cquiescence in loss of fundamental
rights will not be presumed.
[Ohio Bell v. Public Utilities Commission]
[301 U.S. 292]
Unfortunately,
public awareness of the Bill of Rights is in a sorry state. The following article was published in the San
Francisco Chronicle on the 200th Anniversary of the signing of the Bill of
Rights:
The right to be ignorant
A new survey shows most Americans
don't know much about James Madison's handiwork or the legacy he left them.
The poll, commissioned by the
American Bar Association in honor of the Bill of Rights' 200th birthday, found
that:
> Sixty-seven
percent of those surveyed don't know the Bill of Rights is the first 10
amendments to the Constitution. That's
worse than the 59 percent found in a similar survey in 1987, when the five-year
celebration of the Constitution's bicentennial started.
> Only 10 percent know the Bill of Rights
was approved to protect individuals and states against the power of the federal
government.
> More than
half are willing to give up some of their
Fourth Amendment protections against search and seizure to help win the war on
drugs.
> 51 percent believe government should
prohibit hate speech that demeans someone's race, sex, national origin or
religion, despite First Amendment free-speech protections.
> Forty-six percent think Congress should
be able to ban media coverage of any national security issue unless government
gives its prior approval, despite the First Amendment's free-press guarantee.
[San Francisco Chronicle, December 16, 1991, page
A-20]
The Bill of
Rights must be viewed as a set of rules which constrain Congress from passing
laws which infringe on our unalienable rights.
The Bill of Rights does not say that the Constitution endows us with the right to freedom of
speech. It does say that "Congress shall make no law ... abridging the
freedom of speech, or of the press."
There is a world of difference between these two views.
Similarly, it is a common mistake to
believe that we enjoy only those rights which are enumerated in the Bill of
Rights. This is also a fundamental
error. The rights which are enumerated
in the Bill of Rights are not the only
rights which we enjoy. This is clearly
expressed by the 9th and 10th Amendments:
The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others retained by
the people.
[Constitution for the United States of America]
[Ninth Amendment]
The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people.
[Constitution for the United States of America]
[Tenth Amendment]
With this in
mind, it is important to appreciate how the
Bill of Rights can be utilized to restrain federal government agents outside
the federal zone. Even if it is does
operate as a private mercantile organization, the IRS is an "agency"
of the federal government. The right to
be secure in our persons, houses, papers and effects is guaranteed by the 4th
Amendment:
The right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
[Constitution for the United States of America]
[Fourth Amendment]
Similarly,
the rights against self-incrimination and of due process of law are also
guaranteed by the 5th Amendment:
... [N]or shall any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall
private property be taken for public use without just compensation.
[Constitution for the United States of America]
[Fifth Amendment]
The Internal
Revenue Service is well aware of these amendments to the U.S.
Constitution. For example, many persons
are incorrect to believe that the IRS has authority to force disclosure of private books and records. Even though the IRS may have authority to
issue a summons in certain circumstances, it has absolutely no authority to
compel disclosure of private books and records.
This means that you must bring your books and records to an audit, if
lawfully summoned to do so, but you are under no obligation to open those books and records, or to
submit them to the Internal Revenue Service.
As amazing as this may seem, this restraint is documented in the
official IRS Tax Audit Guidelines (IR Manual MT 9900-26, 1-29-75), as
follows:
242.12 Books and Records of An Individual
(1) An individual
taxpayer may refuse to exhibit his books and records for examination on the
ground that compelling him to do so might violate his right against
self-incrimination under the Fifth Amendment and constitute an illegal search
and seizure under the Fourth Amendment.
However, in the absence of such claims, it is not error for a court to
charge the jury that it may consider the refusal to produce books and records,
in determining willfulness.
(2) The privilege against self-incrimination does
not permit a taxpayer to refuse to obey a summons issued under IRC 7602 or a
court order directing his appearance. He
is required to appear and cannot use the Fifth Amendment as an excuse for
failure to do so, although he may exercise it in connection with specific
questions. He cannot refuse to bring his records, but may decline to submit them
for inspection on Constitutional grounds.
In the Vader case [U.S. v. Vader, 119 F.Supp. 330], the
Government moved to hold a taxpayer in contempt of court for refusal to obey a
court order to produce his books and records.
He refused to submit them for inspection by the Government, basing his
refusal on the Fifth Amendment. The
court denied the motion to hold him in contempt, holding that disclosure of his
assets would provide a starting point for a tax evasion case.
[emphasis added]
Note, in
particular, where this IR Manual uses the phrase "in the absence of such
claims". In general if you do not assert your rights, explicitly and in a timely
fashion, then you can be presumed to have waived them. There's the "law of presumption"
again. You can, therefore, assert your
rights under the Fourth and Fifth Amendments to the Constitution, by refusing
to submit your books and records for inspection, even though you cannot refuse
to bring those books and records to an audit.
This may seem like splitting hairs.
However, if the federal government could compel your submission of books
and records to IRS agents, then the federal government could compel persons to be witnesses against
themselves. This would violate the Fifth
Amendment. Similarly, the federal
government could compel the search and seizure of books and records without a warrant issued upon probable
cause and describing the place to be searched and the persons or things to be
seized. This would violate the Fourth
Amendment. Agencies of the federal
government are constrained by law to avoid infringing upon the rights
guaranteed by the Fourth and Fifth Amendments to the U.S. Constitution.
How do you
assert your rights in a polite yet convincing way, so that everyone who needs
to know is placed on notice that you
have done so? One of the most effective
ways of asserting your rights is to become totally alert to every document which bears your
signature, past, present and future.
Know that your signature is the touch which magically transforms common
pieces of paper into commercial contracts, or "commercial agreements"
as they are called in the Uniform Commercial Code. Always sign your name with the following
phrase immediately above your signature on all contracts which involve bank
credit or Federal Reserve Notes:
With Explicit Reservation of All My
Rights
and Without Prejudice U.C.C. 1-207
A short-hand way of doing the same
thing is to utilize the phrase "All Rights Reserved". This phrase appears in most published books
and in film credits. The use of these
phrases above your signature on any document indicates that you have exercised
the "Remedy" provided for you in the Uniform Commercial Code
("UCC") in Article 1 at Section 207.
This "Remedy" provides a valid legal mechanism to reserve a
fundamental, common law right which you possess. Under the common law, you enjoy the right not
to be compelled to perform under any
contract or commercial agreement which you did not enter knowingly, intentionally
and voluntarily.
Moreover,
your explicit reservation of rights serves notice upon all administrative agencies of government, whether international,
national, state, or local, that you do not, and will not, accept the liability
associated with the "compelled" benefit of any unrevealed commercial
agreements. As you now know from reading
previous chapters, the federal government is famous for making presumptions
about you, because your signature is on documents which bind you to
"commercial agreements" with tons of unrevealed terms and
conditions. Think back to the terms and
conditions attached to the bank signature card, for example. An unrevealed term is proof of constructive
fraud, and constructive fraud is a legal basis for cancelling any written
instrument.
Last but not
least, your valid reservation of rights results in preserving all your rights, and prevents the loss
of any such rights by application of the concepts of waiver or estoppel. A "waiver" has occurred when you
sign your name on an agreement which states that you knowingly, intentionally,
and voluntarily waive one of your fundamental rights. Kiss it goodbye. As long as you are not infringing on the
rights of others, only you can waive one or more of your fundamental
rights. In law, "estoppel"
means that a party is prevented by his own conduct from claiming a right, to
the detriment of another party who was entitled to rely on such conduct and who
has acted accordingly:
Estoppel is a bar or impediment which
precludes allegation or denial of a certain fact or state of facts, in
consequence of previous allegation or denial or conduct or admission, or in
consequence of a final adjudication of the matter in a court of law.
[Black's Law Dictionary, Sixth
Edition]
If all parties were acting in good
faith, for example, estoppel prevents you from changing your mind and claiming
a right after the fact, in order to
get out of an otherwise valid contract.
The doctrine of estoppel holds that an inconsistent position or course
of conduct may not be adopted to the loss or injury of another. However, if the other party has been
responsible for actual fraud, constructive fraud or deliberate
misrepresentation, then the estoppel doctrine goes out the window and the
contract is necessarily null and void.
And there is no statute of limitations on fraud.
The remedy
provided for us in the Uniform Commercial Code was first brought to our
attention by a Patriot named Howard Freeman, who has written a classic essay
entitled "The Two United States and the Law". This essay does an excellent job of
describing the tangled legal mess that has resulted from the bankruptcy of the
federal government in the year 1933.
Specifically, the Supreme Court decision of Erie Railroad v.
Thompkins in 1938 changed our entire legal system in this country from
public law to private commercial law.
Prior to 1938, all Supreme Court decisions were based upon public law, i.e., the system of law that was
controlled by Constitutional limitations.
Ever since the Erie decision in 1938, all Supreme Court decisions
have been based upon what is termed "public policy". Public policy concerns commercial
transactions made under the Uniform Commercial Code ("UCC"). Freeman describes the overall consequences
for our system of government as follows:
Our national Congress works for two nations foreign to each other, and
by legal cunning both are called The United States. One is the Union of Sovereign States, under
the Constitution, termed in this article the Continental United States***.
The other is a Legislative Democracy which has its origin in Article I,
Section 8, Clause 17 of the Constitution, here termed the Federal United States**.
Very few people, when they see some "law" passed by Congress,
ask themselves, "Which nation was Congress working for when it passed this
or that so-called law?" Or, few
ask, "Does this particular law apply only to residents of the District of
Columbia and other named enclaves, or territories, of the Democracy called the Federal
United States**?"
The
"Federal United States**" to which Freeman refers is the federal
zone. Because of its sweetheart deal
with the Federal Reserve, Congress deliberately failed in its duty to provide a
constitutional medium of exchange for the Citizens of the 50 States. Instead of real money, Congress created a
"wealth" of commercial credit for the federal zone, where it is not
bound by constitutional limitations.
After the tremendous depression that began in 1929, Congress used its
emergency authority to remove the remaining real money (gold and silver) from
circulation inside the 50 States, and made the commercial paper of the federal
zone a legal tender for all Citizens of the 50 States to use in discharging
their debts. Freeman goes on to describe
the "privilege" we now enjoy for being able to discharge our debts
with limited liability, that is, by using worthless commercial paper instead of
intrinsically valuable gold and silver:
... Congress granted the entire citizenry of the two nations the "benefit" of limited liability in the discharge of all
debts by telling the citizenry that the gold and silver coins of the Republic
were out of date and cumbersome. The
citizens were told that gold and silver (substance) was no longer needed to pay their debts, that they were now "privileged" to discharge
debt with this more "convenient" currency, issued by the Federal
United States**. Consequently, everyone
was forced to "go modern," and to turn in their gold as a patriotic
gesture. The entire news media complex
went along with the scam and declared it to be a forward step for our
democracy, no longer referring to
America as a Republic.
You are
strongly encouraged to read and study Freeman's entire essay, which is
available from the Authors section of the Supreme Law Library on the Internet,
along with other writings by Howard Freeman.
The compound metaphor of "Two United States" is rich in
meanings and long on prophetic insight.
America is
now submerged in a tangled legal mess which began in 1868 and reached critical
mass in 1913. This mess is due, in large
part, to systematic efforts to destroy the U.S. Constitution as the fundamental
law in this country, and to devolve the nation from a Republic into a Democracy
(mob rule) and eventually a socialist dictatorship. The U.S. Supreme Court gave its official
blessing to the dubious principle of territorial heterogeneity in The Insular
Cases. These controversial precedents
then paved the way for unrestricted monetary devolution under a private credit
monopoly created by the Federal Reserve Act;
this Act followed closely behind the fraudulent 16th Amendment in order
to justify "municipal" income taxation (two pumps, working in
tandem). The Supreme Court stepped into
line once again when their Erie
decision threw out almost 100 years of common law precedent. Echoing Justice Harlan's eloquent dissent in Downes
v. Bidwell, author Lori Jacques identifies territorial heterogeneity as a
root cause of the disease she calls "governmental absolutism":
There has been no cure for the
disease of governmental absolutism introduced into our body politic by the
acquisition of Dependencies and the subsequent alleged Sixteenth
Amendment. ... [T]hrough Rules and Regulations meant for the Territories and insular
Possessions, which are not limited by the Constitution, Congress has extended
this limited legislative power into the several states by clever design thereby
usurping the states' right to a republican form of Government and virtually
destroying the concept of Liberty of the individual. ...
Until the person who receives
benefits from the Government is not permitted to vote, or buy himself benefits
to the detriment of another, the Liberty of the Individual will be denied. "Benefits"
granted by the Government are the rights transferred by the Individual to the
Government and then returned as "privileges" by its formula of
felicific calculus.
[A Ticket to Liberty, November 1990 edition]
[pages 145-146, emphasis added]
These efforts to destroy the
Constitution have not been entirely successful, however. Due to the concerted efforts of many
courageous Americans like Howard Freeman, the United States Constitution is
alive, if not well, and remains the supreme Law of the Land even today. Any statute, to be valid, must be in
agreement with the Constitution and, therefore, with all relevant provisions
for amending it. It is impossible for
both the Constitution and a law violating it to be valid; one must prevail. That "one" is the Constitution, the
fundamental law in these United States***.
This rule 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 its 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 land, it is superseded thereby.
No
one is bound to obey an unconstitutional law, and no courts are bound to
enforce it.
[16 Am Jur 2d, Sec. 177, emphasis added]
The vivid
pattern that has now painfully emerged is that "citizens of the United
States", as defined in federal tax law, are the intended victims of a
modern statutory slavery that was predicted by the infamous Hazard Circular
soon after the Civil War began. This
Circular admitted that chattel slavery was doomed, so the bankers needed to
invent a new kind of slaves. These
statutory slaves are now burdened with a bogus federal debt which is spiralling
out of control. The White House budget
office recently invented a new kind of "generational accounting" so
as to project a tax load of seventy-one percent on future generations of
these "citizens of the United States". The final version of that report upped the
projection to eighty percent. It
is our duty to ensure that this statutory slavery is soon gone with the wind,
just like its grisly and ill-fated predecessor.
#
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Reader’s Notes: