However, the Consititution does give the government the right to levy taxes. This was done in Amendment XVI. The original constitution didn't call for it, but remember that the Constitution allows for Amendments. Amendment XVI passed within the law. Here's the contents of that amendment ...
The Congress shall have 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.
Proposal and Ratification
The sixteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Sixty-first Congress on the 12th of July, 1909, and was declared, in a proclamation of the Secretary of State, dated the 25th of February, 1913, to have been ratified by 36 of the 48 States. The dates of ratification were: Alabama, August 10, 1909; Kentucky, February 8, 1910; South Carolina, February 19, 1910; Illinois, March 1, 1910; Mississippi, March 7, 1910; Oklahoma, March 10, 1910; Maryland, April 8, 1910; Georgia, August 3, 1910; Texas, August 16, 1910; Ohio, January 19, 1911; Idaho, January 20, 1911; Oregon, January 23, 1911; Washington, January 26, 1911; Montana, January 30, 1911; Indiana, January 30, 1911; California, January 31, 1911; Nevada, January 31, 1911; South Dakota, February 3, 1911; Nebraska, February 9, 1911; North Carolina, February 11, 1911; Colorado, February 15, 1911; North Dakota, February 17, 1911; Kansas, February 18, 1911; Michigan, February 23, 1911; Iowa, February 24, 1911; Missouri, March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911; Arkansas, April 22, 1911 (after having rejected it earlier); Wisconsin, May 26, 1911; New York, July 12, 1911; Arizona, April 6, 1912; Minnesota, June 11, 1912; Louisiana, June 28, 1912; West Virginia, January 31, 1913; New Mexico, February 3, 1913.
Ratification was completed on February 3, 1913.
The amendment was subsequently ratified by Massachusetts, March 4, 1913; New Hampshire, March 7, 1913 (after having rejected it on March 2, 1911).
The amendment was rejected (and not subsequently ratified) by Connecticut, Rhode Island, and Utah.
2007-08-12 15:19:36
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answer #2
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answered by jdkilp 7
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You are delusional. I'm only answering so people will have the opportunity to read the real truth.
Let's start at the beginning. The 16th amendment was legally ratified. The theory that it wasn't is basically based upon a book by Bill Benson titled, "The Law that never was". In that book, Benson says he researched for a year. It took me all of five minutes to find that he misinterpreted the Tennessee Constitution as it was in 1909. Further discussions of all of Bill Benson's mistakes can be found at http://www.quatloos.com/bill_benson_debunked.htm
The courts said it best in U.S. v. Thomas, 788 F.2d 1250 (7th Cir. 1986), cert. den. 107 S.Ct. 187 (1986). "Although Thomas urges us to take the view of several state courts that only agreement on the literal text may make a legal document effective, the Supreme Court follows the “enrolled bill rule.” If a legislative document is authenticated in regular form by the appropriate officials, the court treats that document as properly adopted. Field v. Clark, 143 U.S. 649, 36 L.Ed. 294, 12 S.Ct. 495 (1892). The principle is equally applicable to constitutional amendments. See Leser v. Garnett, 258 U.S. 130, 66 L.Ed. 505, 42 S.Ct. 217 (1922), which treats as conclusive the declaration of the Secretary of State that the nineteenth amendment had been adopted...Secretary Knox declared that enough states had ratified the sixteenth amendment. The Secretary’ decision is not transparently defective. We need not decide when, if ever, such a decision may be reviewed in order to know that Secretary Knox’ decision is now beyond review."
There is a specific law concerning income taxes, it is USC Title 26. Title 26 is the prima facie law covering the Internal Revenue Act. The Internal Revenue Act and various changes through the years was passed by Congress and signed into law by a President.
Go ahead and believe the lies that Bob Schulz is promoting. Did you know that he has lost all of his cases? As of last week, he has been permanently enjoined from promoting his false tax theories. http://www.cheatingfrenzy.com/schulz30.pdf
Also, he lost his "Right to Petition" suit, was denied on appeal, and was denied for his petition for rehearing en banc.
A bunch of tax protestor websites claiming the income tax illegal doesn't mean anything. Name ONE court case in the last 90 years that ever said the income tax was illegal. There hasn't been one. A few people have beaten criminal "willful failure to file" charges, but the government is practically unbeaten in civil charges. Besides an acquittal of criminal charges for "willful failure to file" charges does not prove there isn't a law concerning income taxes anymore than O.J. Simpson's acquittal proves there is no law against killing your ex-wife.
For an excellent debunking of practically all tax protestor arguments, go to http://evans-legal.com/dan/tpfaq.html
I know that you'll just claim it is all a government conspiracy. You are free to believe whatever you want. However, if you don't pay any taxes that may be due, be prepared to pay the penalty.
BTW, President Kennedy never made that quote on your blog. Lots of conspiracy theorists claim he made that quote at Columbia University in November of 1963. Only problem is, he didn't make a speech at Columbia University in November of 1963.
Edit: As I said, you just claim it all some great government conspiracy. Just goes to prove how deluded you are. BTW, your little tirade about the Federal Reserve also shows that you know absolutely nothing about economics except what a conspiracy theorist tells you. The Federal Reserve is setup under USC Title 12, Chapter 3. Read that law and if you understand it, you will realize that the conspiracy theories are wrong. The Federal Reserve is required BY LAW to rebate most of the interest it collects on the government debt that it holds. Also, the Federal Reserve only holds about $750 billion of the U.S. Government debt which is little over 8% of the $8.9 trillion debt. Another 44% of the U.S. government debt is held by THE U.S. GOVERNMENT. Yes, the government loans money to itself. Only about 48% of the total U.S. Government debt is held by the public.
http://www.fms.treas.gov/bulletin/index.html
http://www.treasurydirect.gov/NP/BPDLogin?application=np
2007-08-12 14:29:07
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answer #3
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answered by NGC6205 7
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