The IRS has given strong impressions over the years that they can operate above the Law. The power to correct this lawlessness is within the hands of ‘We the People’. The Legislative Branch of the Government creates the Laws of this nation. This is clearly revealed in the Constitution and is basic knowledge acquired in high school American History. Congress is specifically limited by the Constitution as to the subject matter and the nature of the laws that they have power to enact. Americans realized that from the days of the American Revolution that government must be limited and that they no longer wished to remain property of a King by the ‘Rule of a Monarchy’. As a result, the tax laws are limited in nature in that the words in the laws indicate precisely what the law intends. The law cannot be legally expanded by the Judiciary (courts) or by Administrative Departments of the Federal-Government (IRS), but can only be expanded or repealed by Acts of Congress. “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation as though it had never been passed.”17 An enacted Public Law is then codified by Constitutional authority and then sent to the respective department of the Executive Branch responsible for the enforcement of the law. This department must then submit to the Federal-Register the Implementing-Regulations (IR) promulgated by the department Secretary. The Law will be published in the Federal-Register for all citizens of the 50 states of the Union to use as a guide in the knowledge that the law now applies to them. If the Secretary does not publish the IR in the Federal-Register, then the law does not apply to the Nationals of the 50 states of the Union. Most of us are aware of the maxim “Ignorance of the law is no excuse” [Ignorantia juris non excusat]. This is referring to ignorance of the Public Law, the United States Code and the Code of the Federal-Regulations (CFR), is no excuse. We are all bound to the law and taken to be knowledgeable of the law, thus we have no excuse. Federal Income Tax Opinion Letter Page 8 It is very important to note however, that any ignorance of your right does not mean that your right does not exist. The legal maxim of “Ignoratia juris sui non praejudicat juri” stands even if you are not appropriately informed of a right before an event designed to coerce, goad, or deceive you into giving up that right. Your right will not be lost. Interpretation of the Law by any court including the Supreme Court is invalid and goes beyond the authority of the court. “The court’s task is to determine whether the language the legislators actually enacted has a plain, unambiguous meaning.”18 “The United States Supreme Court cannot supply what Congress has studiously omitted in a statute.” 19 [Emphasis added] Legislative history and intent do not overturn the rule of the letter of the law, but is used to resolve ambiguity within the words of a single-law. “The title of a statute and the history leading up to its adoption, as aids to statutory construction, are to be resorted to only for the purpose of resolving doubts as to the meaning of the words used in the act in case of ambiguity.” 20 When two statutes are in conflict with one another regarding a citizen and his/her rights, the citizen, and not the government and its claims are to be favored and secured under the law. “In view of other settled rules of statutory construction, which teach that a law is presumed, in the absence of clear expression to the contrary, to operate prospectively; that, if doubt exists as to the construction of a taxing statute, the doubt should be resolved in favor of the taxpayer…” 21 [Emphasis added] If a law cannot be understood, then the common man who is expected to be knowledgeable of the law and govern his actions according to the words in the law cannot do so. Therefore, a maxim of the law exists to aid the common man from being burdened with the responsibility to comply with a law that no man can understand. This is the “Void for Vagueness Doctrine” and is defined as “A law which is so obscure in it’s promulgation that a reasonable person could not determine from reading what the law purports to command or prohibit is void as violative of due process.” 22 The IRS routinely uses, refers to, and tries to goad individuals into believing case law is supreme. Case law is obviously a ruse used to perplex the common man from attempting to read the law and know it, thus keeping him ignorant and fearful of the law. This is a violation of the truth. It is evil and malicious as it leads to a lawless and ignorant society. Such actions place too much power and authority over the destiny of the many, into the hands of the few, within a private elite power structure. This is an attempt to revert back to the ‘Rule of a Monarchy’, which is abhorrently unconstitutional to the intent and design of our government. We all function under a Rule of the Law as enacted by the Congress voted for by the people. If not, we find ourselves under a rule of legal plunder by non-elected bureaucrats and Judges, who see the words of the Congress as mere suggestions, and not the absolute rule of the Law of the People, by the People, and for the People. Ignorance and outright apathy for the law are enemies to our knowledge of the law. Another great enemy arises when “Those who would deny us a rule of the law by our Congress, and seek to make themselves Kings and Lords merely by their power and decrees.” We the People are to blame, should such men succeed, as we are greater in number than they are, and it has been long revealed, since Jefferson wrote the Declaration of Independence, that men are governed by consent. Since this entire opinion letter is about the tax law, you must know and understand these points, or you will not understand your responsibilities and rights, nor will you understand what some are trying to do to your rights under the law, or rather, under the guise of the law. Federal Income Tax Opinion Letter Page 9 There is a new undercurrent appearing by those who would deceive us. There are those who are trying to give us a new tax via a new tax law. The intent is designed so that you will never learn that the Income Tax Code was always very simple for most Nationals of the United-States of the America [living and working in the 50 states of the Union], because the Tax Code never applied to us. Slowly, select government officials have been starting a low key but methodical campaign to give us a new tax law and system, claiming that it will be ‘fair to Americans’. Would you think that ‘any new system could be fairer’ than the one we have now, if you learned that the present law and the tax do not apply to you? Think about it. They are presenting yet another deception to the mass of trusting people who are still deceived by the IRS.
Posted on: Fri, 13 Sep 2013 05:13:48 +0000
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