JUDGE
IN BENSON CASE IGNORES
SEVENTH CIRCUIT RULING
By: Devvy
December 5, 2005
NewsWithViews.com
"To consider the judges
as the ultimate arbiters
of all constitutional questions
[is] a very dangerous doctrine
indeed, and one which would
place us under the despotism
of an oligarchy. Our judges
are as honest as other men
and not more so. They have
with others the same passions
for party, for power, and
the privilege of their corps.
Their maxim is boni judicis
est ampliare jurisdictionem
[good justice is broad jurisdiction],
and their power the more
dangerous as they are in
office for life and not
responsible, as the other
functionaries are, to the
elective control. The Constitution
has erected no such single
tribunal, knowing that to
whatever hands confided,
with the corruptions of
time and party, its members
would become despots. It
has more wisely made all
the departments co-equal
and co-sovereign within
themselves." --Thomas
Jefferson to William C.
Jarvis, 1820. ME 15:277
In my column this past September,
I reported on the effort by
the feds to silence Bill Benson
and continue persecuting this
man because he holds a truth
so dangerous to the banking
cartel, they will go to any
length to shut him up. If
you are unfamiliar with this
case, please click here for
background. Why do I refer
to this IRS persecution as
a threat to the banking cartel?
In 1913, a thoroughly corrupted
and largely ignorant Congress
passed the unconstitutional
Federal Reserve Act. Charles
A Lindberg, Sr., (elected
to Congress 1909-1916.) said
at the time:
"This Act establishes
the most gigantic trust on
earth. When the President
signs this Act the invisible
government by the Money Powers,
proven to exist by the Money
Trust Investigations, will
be legalized. The new law
will create inflation whenever
the trusts want inflation.
From now on depressions will
be scientifically created."
In order to have a feeding
artery to supply these blood
suckers, the Sixteenth Amendment
to the U.S. Constitution was
declared ratified even though
it clearly was not. We know
that not a penny of your money
stolen under a law that doesn't
exist funds a single function
of the federal government
- it all goes to pay down
the congressionally created
national debt, "transfer
payments" to the communist
UN and a million other unconstitutional
expenditures to foreign countries.
Although the courts have ruled
that the Sixteenth Amendment
did not bestow any new taxing
powers, the IRS still uses
the Sixteenth Amendment to
justify stealing the fruits
of your labors.
The non-ratified 16th Amendment says:
"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."
Most Americans don't
know that the income tax law
of 1894 was declared unconstitutional
on the grounds that it was
a direct tax not apportioned
according to state population.
However, a very intelligent
woman by the name of Vivien
Kellems did and she fully
understood the critical nexus
between the requirement of
apportionment:
"Since a capitation
means a tax of the same
amount for every person,
this provision makes doubly
sure that all federal taxes
must be at the same uniform
rate for everybody. This
limitation that direct taxes
be levied by the Federal
Government must be in proportion
to a census and apportioned
among the States in accordance
with numbers, is the only
provision in the Constitution
that is stated twice ...
"No capitation, or
other direct tax shall be
laid, unless in proportion
to the Census of Enumeration
hereinbefore directed to
be taken."
And in those
two sentences our forefathers
bound fast the hands of
Congress and secured the
liberty and freedom of the
American people. How? By
making it utterly impossible
to levy an income tax ...
"An income tax is certainly
a direct tax, probably the
most direct tax of all since
it cannot be shifted but
must be paid by the person
receiving the income. By
specifying that direct taxes
must be levied in accordance
with the number of people,
not upon what they produced,
as in the days of ancient
Egypt, an income tax was
simply out of the question.
It cannot be levied upon
a man, but must be levied
upon what he receives ..."
"The supreme achievement
of the combined brains of
all those men were written
into those two sentences
and the freedom and liberty
of the American people were
secured in them. For in
those two sentences the
right of the free man to
own something was made inviolate.
This was his distinguishing
mark, the only criterion
of freedom in all the world,
the right of the common
man to retain for himself
the fruit of his labor......."
"But his power to levy
direct taxes was limited
by an ironbound restriction:
that tax must be apportioned
among the States in accordance
with the population. Since
all taxes were to be at
a uniform rate, Congress
simply could not penalize
one section of the country,
or one group of citizens
for the unfair advantage
of another ..."
"This was the most
brilliant plan ever conceived
for guaranteeing the freedom
of a nation. It protected
every person in his right
to private property, rich
and poor alike, and under
this protection we built
the richest, most powerful
nation on earth. We achieved
and maintained for the majority
of our people a standard
of living undreamed of before,
the hope and the envy of
the whole world."
There are those in the
tax movement who think the
Sixteenth Amendment unimportant.
For those who would like to
read a brilliant compilation
of research on this issue
and taxation, I highly recommend:
Constitutional Income: Do
you have any? by Idaho State
Representative Phil Hart.
Many Americans also are unaware
that at the same time Bill
Benson investigated the Sixteenth
Amendment, he also did the
Seventeenth Amendment and
discovered it was also never
ratified. Why would the Secretary
of the State in 1913 declare
this amendment ratified when
it wasn't? The fraudulent
Sixteenth Amendment was critical
because the schemers behind
the scenes knew they would
get the unconstitutional Federal
Reserve Act of 1913 passed
later in the year and they
needed this amendment to siphon
off the wealth of the American
people to put into the pockets
of their banking mentors.
Third, the Seventeenth Amendment
was critical because it stripped
away the rights of the sovereign
republics - the individual
states of the Union, further
corrupting our legal form
of government: a constitutional
republic - NOT a democracy.
You can order Bill Benson's
Proof the Seventeenth Amendment
was Never Ratified which contains
copies of all the documents
obtained from state archives
by calling 1.708.596.3142
(Central Time Zone). The fraud
involving the Seventeenth
Amendment is even more egregious
than the Sixteenth and only
a show down by the states
will get this fraud corrected.
This past July, Bill's legal
team filed a brilliant brief
(see here). In this filing,
Bill's legal counsel Jeffrey
Dickstein points out:
"As previously discussed,
the United States can not
prevail as a matter of law
unless it can prove Benson
"made or caused to
be made false or fraudulent
statements concerning the
tax benefits to be derived
from the entity, plan or
arrangement" and that
"he knew or had reason
to know the statements were
false or fraudulent."
This requires the United
States to prove the Sixteenth
Amendment was properly ratified,
because if it were not properly
ratified, Benson's statements
would not be false or fraudulent,
they would be true, and
the United States' action
would fail."
I called this checkmate
and it should have forced
the federal boys and girls
to realize their argument
was not winnable. However,
with the assistance of the
judge, the morally bankrupt
U.S. Attorneys are still trying
to get the court to ignore
the law and "kill Bill."
In this latest brief you will
read how the judge in this
case simply decided to ignore
the Seventh Circuit in favor
of those whose paychecks drip
with the blood of innocents.
The latest filing, Benson's
Memorandum of Law in Opposition
to the United States Motion
for Summary Judgment was filed
on December 1, 2005 and can
be read here. Dickstein has
hit the nail right square
on the head and once again
reinforces how compromised
federal judges are - especially
involving income tax cases.
In this brief, Jeff brings
up "....Section 205
of the Revised Statutes,
and the so called “enrolled
bill rule..." While
all of this can be very
confusing for the layman,
it is easy to understand
once you are provided with
the definitions and importance
of certain statutes and
legal phrases. I personally
became familiar with Section
205 of the Revised Statutes
when The Wallace Institute
filed a lawsuit over the
fraudulent ratification
of the Sixteenth Amendment
in the State of Oklahoma.
It is vital that Americans
understand what Jeff is
saying and I encourage everyone
to begin learning about
this by clicking here.
People ask me all the time
why these judges continue
to thumb their noses at
the U.S. Constitution and
why do these U.S. Attorneys
who, by now know the truth,
don't simply walk away and
get a real job? Federal
judges do it because they
know they can and because
they are arrogant. They
know there is zero oversight
regarding federal judges
from the 100 cowards in
the U.S. Senate. Contrary
to what the media hacks
and factually challenged
politicians parrot, there
is no guarantee of life
time appointments for these
federal judges. Dr. Edwin
Vieira explains this quite
succinctly in his book,
How to Dethrone the Imperial
Judiciary.
As for U.S. Attorneys, it's
called moral cowardice.
When it comes to jobs vs
the Constitution, the Constitution
loses every every time and
that's how the evil doers
have the American people
by the throat: paychecks
and few care where it comes
from anymore such is the
desperation. As one middle
aged man shouted into the
TV cameras during the last
pretend election between
the one party candidates,
Bush and Kerry: "This
election isn't about Viet
Nam or abortion, it's about
jobs."
The international banking
cartel is the real power on
this earth. They own and control
governments, they buy and
sell these whores who pass
themselves off as politicians
and they are not going to
relinquish control via their
central banks without a fight.
The last big one was when
the 1816 bank charter expired
in 1836, President Andrew
Jackson vetoed its renewal.
He said the following:
"The bank is trying
to kill me - but I will kill
it. If the American people
only understood the rank injustice
of our money and banking system
there would be a revolution
before morning."
The American people
supported Jackson:
"The greatest party
battle centered around the
Second Bank of the United
States, a private corporation
but virtually a Government-sponsored
monopoly. When Jackson appeared
hostile toward it, the Bank
threw its power against him.
Clay and Webster, who had
acted as attorneys for the
Bank, led the fight for its
recharter in Congress. "The
bank," Jackson told Martin
Van Buren, "is trying
to kill me, but I will kill
it!" Jackson, in vetoing
the recharter bill, charged
the Bank with undue economic
privilege. His views won approval
from the American electorate;
in 1832 he polled more than
56 percent of the popular
vote and almost five times
as many electoral votes as
Clay."
No president or Congress
- with the exception of a
handful of Congressmen (Louis
McFadden, Larry McDonald,
Wright Patman and others)
have dared defy the banking
cartel since Andy Jackson.
Make no mistake: this fight
involving Bill Benson and
the IRS is very important
because the stakes are very,
very high. While I have received
a fair amount of negative
e-mail regarding Bill's case
and the odds, warriors do
not lay down and simply give
up because the fight is going
to be bloody.
There's big trouble coming
in this country and anyone
who denies what's right in
front of their face is either
in a state of denial or is
simply so afraid of the truth,
they will retreat into their
comfort zones of false security
and hope for the best. As
the entrenched corruption
in the federal, state and
local governments becomes
known to more and more Americans,
the angrier people are becoming.
As more and more Americans
become victims of the system,
more become activists and
are willing to stand up and
fight. No one said this was
going to be easy. The outcome
is yet to be decided and the
ultimate battle is yet to
be fought.
© 2005 Devvy Kidd -
All Rights Reserved
Sign Up For Free E-Mail
Alerts
E-Mails are used strictly
for NWVs alerts, not for sale
Devvy Kidd authored the
booklets, Why A Bankrupt
America and Blind Loyalty,
which sold close to 2,000,000
copies. Devvy appears on
radio shows all over the
country, ran for Congress
and is a highly sought after
public speaker. Your complimentary
copy of the 32-page report
may be obtained from El
Dorado Gold. Devvy is a
contributing writer for
www.NewsWithViews.com.
Devvy's website: www.devvy.com
E-mail is: devvyk@earthlink.net
|