Time: Thu Jun 12 15:31:06 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id JAA05433; Thu, 12 Jun 1997 09:14:40 -0700 (MST) Date: Thu, 12 Jun 1997 12:14:35 -0400 Originator: heritage-l@gate.net From: Paul Andrew Mitchell [address in tool bar] To: pmitch@primenet.com 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 [This text is formatted in Courier 11, non-proportional spacing.] 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] # # # ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.2 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this 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. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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