Time: Thu Jun 12 04:58:08 1997
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Date: Thu, 12 Jun 1997 04:50:12 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLF: OPENING BRIEF, U.S.A. v. Gilbertson, 8th Cir.
Excerpt from Appellant's OPENING BRIEF, due June 18, 1997,
U.S.A. v. Gilbertson, Gilbertson v. U.S. et al.
United States Court of Appeals for the Eighth Circuit,
Case Number #97-2099-MNST
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Appellant submits that the vagueness and ambiguities which
were introduced deliberately into the federal income tax system
have resulted in a set of laws, statutes, regulations, rules,
forms, practices, policies, procedures, and customs which are so
terribly complex and intentionally deceptive, that the average
federal citizen is very far from ever being able to understand,
or decipher, the real meaning and intent of it all. These were
the very same persons who were asked to render a verdict against
Appellant in the instant case. Lex non cogit impossibilia.
The combined result of this massive fraud is a travesty and
a tragedy of the worst kind, because Appellant has succeeded in
proving herein that there are, in fact, more than two hundred
million Americans who find themselves situated in exactly the
same position as Appellant. And that position is one in which
the American People must now struggle daily, hourly, sometimes
minute-by-minute, in the face of an ugly and premeditated
extortion racket which now pervades the entire Land (both zones),
in blatant violation of the fundamental principles which were set
down more than two centuries ago in the supreme Law of this Land.
Those principles have withstood every single challenge which
has been mounted against their supremacy since they were first
consecrated into Law on June 21, 1788, the first day of summer,
the longest day of the year, Counselor's birthday, and the first
day on which freedom had, at long last, become The Primary
Principle upon which Our unique government was founded and
dedicated, the day on which God's generous light from His intense
burning Sun would shine the longest, and remain that way forever.
Freedom. Oh, Freedom! Quo vadis, Freedom? Quo vadis?
As against these immensely moving principles, which federal
government employees now shirk at their own great loss, Appellant
returns to the incredibly accurate prediction in Justice Harlan's
courageous protest to the dangerous perils of the Downes Doctrine
in Downes v. Bidwell infra. Long live protest! Quoting now:
The idea prevails with some -- indeed, it found expression
in arguments at the bar -- that we have in this country
substantially or practically two national governments; one,
to be maintained under the Constitution, with all its
restrictions; the other to be maintained by Congress
outside and independently of that instrument, by exercising
such powers as other nations of the earth are accustomed to
exercise.
[Downes v. Bidwell, 182 U.S. 244 at 380 (1901)]
[Harlan dissenting, emphasis added]
To appreciate how alarmed Justice Harlan had become as a result
of this new "theory", consider the following from His dissent:
I take leave to say that if the principles thus announced
should ever receive the sanction of a majority of this
court, a radical and mischievous change in our system of
government will be the result. We will, in that event, pass
from the era of constitutional liberty guarded and protected
by a written constitution into an era of legislative
absolutism. ...
It will be an evil day for American liberty if the theory of
a government outside of the supreme law of the land finds
lodgment in our constitutional jurisprudence. No higher
duty rests upon this court than to exert its full authority
to prevent all violation of the principles of the
Constitution.
[Downes v. Bidwell, 182 U.S. 244 at 379-382]
[(1901), Harlan dissenting, emphasis added]
The United States will now take careful note that We, the
People of the United States of America, will not sit idly by, and
witness the systematic destruction and premeditated violation of
everything which We hold most dear. The principles We uphold
herein, have been upheld by many courts of this great Nation;
they were reiterated in People v. Boxer supra as follows:
A practice condemned by the Constitution cannot be saved by
historical acceptance and present convenience.
[U.S. v. Woodley, 726 F.2d 1328, 1338 (9th Cir. 1984)]
[emphasis added]
It is obviously correct that no one acquires a vested or
protected right in violation of the Constitution by long
use, even when that span of time covers our entire national
existence and indeed predates it.
[Walz v. Tax Commission of New York City,]
[397 U.S. 664 at 678 (1970), emphasis added]
# # #
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Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
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