TAX DEPOSITION QUESTIONS: 5.  FIRST AMENDMENT AND SOCIALISM

5.  FIRST AMENDMENT AND SOCIALISM

Introduction

The 1st Amendment to the U.S. Constitution reiterates the bedrock principle that People are Sovereign and have the unalienable right to petition the government for redress of grievances and to be properly answered.

The entire Citizen’s Truth-in-Taxation Hearing is the direct result of a petition from the People to the government regarding the income tax system of this nation.  As of this writing, the Government has refused to respond to the petition.

There is no right, or liberty which the government will not sacrifice on the alter of the "general welfare."  Property, labor, wealth, freedom, liberty, speech, petition, due process are all eliminated in the name of enhancing the efficiency and effectiveness of the taxing machine so that the Government can solve the nation's ills. 

This is not the destiny of a free, spiritual and Sovereign People.

Findings and Conclusions

With the following series of questions, we intend to show that personal income taxes polarize and divide an otherwise United nation and promote class warfare and mistrust of our government.  We will also show that:

  • Direct taxes are communistic and socialistic in their origins and application.
  • Graduated income taxes on persons based on income discriminate against the rich and violate the uniformity clauses of the Constitution found in Article 1, Section 8, Clause 1.
  • In order to be uniform, the percentage of taxes deducted for every person must be the same, because the article being taxed, which is dollars, is the same for every person.
  • The Constitutional purpose of our tax system is to support government, and it was never intended to be used for welfare or social programs.
  • Use of our tax system to redistribute wealth from the richer to the poorer amounts to socialism and organized extortion.
  • Compelled charity instituted using our tax system amounts to slavery.
  • Slavery is a more egregious evil than than the absence of charity.
  • The filing of a tax return with zeros amounts to the exercise of a First Amendment right to petition the government for redress of Grievances, which cannot be penalized, fined, or sanctioned by the government.  The government routinely ignores this fact and tries to override the First Amendment by penalizing persons who submit such returns.
  • Even though Social Security has always been intended as a voluntary program, it has, for all practical purposes, become a mandatory program for most Americans.
  • The making of Social Security into a mandatory program creates slavery to the government and mandatory idolatry.
  • Socialism is incompatible with Christianity and the judeo-Christian values of this country.
  • Congress delegating authority for collection of taxes from the Legislative branch to the Executive Branch and the IRS violates the Constitution, as Congress cannot delegate its powers.

Section Summary

Witnesses:

  • Larry Becraft (Constitutional Attorney)
  • Sherry Jackson (Ex. IRS Examiner)

PDF Transcript

PDF Acrobat version of this section including questions and evidence (large: 11.53 MBytes)

Further Study On Our Website:

5.1.  Admit that the second plank in the Communist Manifesto calls for a heavy, progressive (graduated) income tax not unlike what we have now with the IRS form 1040, which punishes the rich so that wealthy may be redistributed to the poor. (WTP #458) 

5.2. Admit that the U.S. Constitution requires that all income taxes must be uniform as follows,  from in Article 1, Section 8, clause 1 of the U.S. Constitution, which says:  (WTP #459) 

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"

5.3.  Admit that to be uniform, a tax must apply equally to all persons similarly situated and all property of the same type or class being taxed must be taxed at the same percentage rate, no matter where people live, where the property is, or how much taxable income the person makes.  Otherwise, the tax discriminates against the rich.  (WTP #460) 

5.4.  Admit that the Supreme Court stated in the case of Pollack v. Farmer’s Loan and Trust Company, 157 U.S. 429, 158 U.S. 601 (1895) that:  (WTP #461) 

"Congress has the exclusive power of selecting the class. It has regulated that particular branch of commerce which concerns the bringing of alien passengers,' and that taxes shall be levied upon such property as shall be prescribed by law. The object of this provision was to prevent unjust discriminations. It prevents property from being classified, and taxed as classed, by different rules. All kinds of property must be taxed uniformly or be entirely exempt. The uniformity must be coextensive with the territory to which the tax applies.

Mr. Justice Miller, in his lectures on the constitution, 1889-1890 ( pages 240, 241), said of taxes levied by congress: 'The tax must be uniform on the particular article; and it is uniform, within the meaning of the constitutional requirement, if it is made to bear the same percentage over all the United States. That is manifestly the meaning of this word, as used in this clause. The framers of the constitution could not have meant to say that the government, in raising its revenues, should not be allowed to discriminate between the articles which it should tax.' In discussing generally the requirement of uniformity found in state constitutions, he said: 'The difficulties in the way of this construction have, however, been very largely obviated by the meaning of the word [157 U.S. 429, 595] 'uniform,' which has been adopted, holding that the uniformity must refer to articles of the same class; that is, different articles may be taxed at different amounts, provided the rate is uniform on the same class everywhere, with all people, and at all times.'

One of the learned counsel puts it very clearly when he says that the correct meaning of the provisions requiring duties, imposts, and excises to be 'uniform throughout the United States' is that the law imposing them should 'have an equal and uniform application in every part of the Union.'

If there were any doubt as to the intention of the states to make the grant of the right to impose indirect taxes subject to the condition that such taxes shall be in all respects uniform and impartial, that doubt, as said by counsel, should be resolved in the interest of justice, in favor of the taxpayer.'

5.5.  Admit that the article being taxed in the case of Subtitle A income taxes is dollar bills, or "income" as constitutionally defined.  (WTP #462) 

5.6.  Admit that in order to meet the uniformity requirement, every dollar bill (the article being taxed) taxed must be taxed at the same rate and not in a way that is based on the income of the person receiving it, because this would amount to discrimination according to the Supreme Court as listed above.  (WTP #463) 

5.7. Admit that because graduated income taxes violate the uniformity requirement of the Constitution, they must be voluntary, because the government cannot by legislation compel its citizens to violate the Constitution.  (WTP #464) 

5.8.  Admit that the Supreme Court stated the following about the nature of income taxes in general, and that neither of these two cases has ever been overruled:  (WTP #465) 

"To lay with one hand the power of government on the property of the citizen, and with the other to bestow it on favored individuals.. is none the less robbery because it is done under the forms of law and is called taxation.  This is not legislation.  It is a decree under legislative forms."

Loan Association v. Topeka, 20 Wall. 655 (1874)

"A tax, in the general understanding of the term and as used in the constitution, signifies an exaction for the support of the government. The word has never thought to connote the expropriation of money from one group for the benefit of another." U.S. v. Butler, 297 U.S. 1 (1936)

5.9.  Admit that all entitlement programs, including Welfare, Social Security, FICA, etc, fall into the class of taxes identified in U.S. v. Butler that are "expropriations of money from one group for the benefit of another."  (WTP #466) 

5.10.  Admit that using income taxes to redistribute income or property between social classes or persons within society makes the U.S. into a socialist country:  (WTP #467) 

"socialism  1. : any of various economic political theories advocating collective or governmental ownership and administration of the means of production and distribution of goods. 2. a: a system of society or group living in which there is no private property b: a system or condition of society in which the means of production are owned and controlled [partially or wholly] by the state 3: a stage of society in Marxist theory transitional between capitalism and communism and distinguished by unequal distribution of goods and pay according to work done."

[Webster’s Ninth New Collegiate Dictionary, 1983, Merriam-Webster, p. 1118]

5.11.  Admit that the Supreme Court, in Pollock v. Farmers Loan and Trust, 157 U.S. 429 (1895), stated about the very first income tax instituted by Congress that:  (WTP #468) 

“The present assault upon capital is but the beginning.  It will be but the stepping stone to others larger and more sweeping, until our political contest will become war of the poor against the rich; a war of growing intensity and bitterness.

…

The legislation, in the discrimination it makes, is class legislation. Whenever a distinction is made in the burdens a law imposes or in the benefits it confers on any citizens by reason of their birth, or wealth, or religion, it is class legislation, and leads inevitably to oppression and abuses, and to general unrest and disturbance in society.”

5.12.  Admit that the payment of social benefits to persons not associated with the government under entitlement programs such as Social Security and Welfare invites and encourages the kind of class warfare described above in Pollock v. Farmers Loan and Trust, 157 U.S. 429 (1895).  (WTP #469) 

5.13.  Admit that compelled charity is not charity at all, but slavery disguised as charity.  (WTP #470) 

"slavery:  1.  DRUDGERY, TOIL; 2:  submission to a dominating influence; 3 a: the state of a person who is a chattel of another b: the practice of slaveholding."  [Webster’s Ninth New Collegiate Dictionary, 1983, Merriam-Webster, p. 1107]

5.14.  Admit that  Social Security is not insurance and is not a contract as ruled by the Supreme Court in Helvering v. Davis, 301 U.S. 619 (1937) and Flemming v. Nestor, 363 U.S. 603 (1960).  (WTP #471) 

5.15.  Admit that Social Security is socialism, and that socialism must be voluntary at all times in a free country if liberty and freedom are to be preserved.  (WTP #472) 

"liberty:  1: the quality or state of being free; a: the power to do as one pleases b: freedom from physical restraint c: freedom from arbitrary or despotic control d: the positive enjoyment of various social, political, or economic rights as privileges e: the power of choice 2 a: a right or immunity enjoyed by prescription or by grant: PRIVILEGE b: permission esp. to go freely within specified limits 3: an action going beyond normal limits: as a: a breach of etiquette or propriety: FAMILIARITY b: RISK, CHANCE <took foolish liberties with his health> c: a violation of rules or a deviation from standard practice d: a distortion of fact 4: a short authorized absence from navy duty usu. for less than 48 hours syn see FREEDOM--at liberty 1: FREE 2: at leisure: UNOCCUPIED." [Webster’s Ninth New Collegiate Dictionary, 1983, Merriam-Webster, p. 688]

5.16.  Admit that  for the Social Security program to be called voluntary, a participant should be able or at least know how to quit a program at all times and that the agency should not constrain or restrict those who quit or refuse to provide information to anyone who desires it about how to quit.  (WTP #473) 

5.17.  Admit that the Social Security Administration has no documented means to quit the Social Security program on their website or in any of their publications, and that they will not tell you how to do so if you call their 800 number.  (WTP #474) 

5.18.  Admit that absent an ability to leave the Social Security program at any time, the program constructively becomes a compulsory/involuntary program for those joined because they are not allowed to quit.  (WTP #475) 

5.19.  Admit that the application for joining Social Security does not indicate that the choice to join is irrevocable.  (WTP #476) 

5.20.  Admit that most persons who allegedly joined the Social Security program did so when they were not competent adults, and joining was done by the parents and without the consent or assent of the child joining.  (WTP #477) 

5.21.  Admit that persons whose parents applied for Social Security on their behalf are not offered a choice, upon reaching adulthood, to rescind the application so that their participation is entirely voluntary.  (WTP #478) 

5.22.  Admit that the Enumeration at Birth Program of the Social Security Administration creates the impression at hospitals where babies are born that the obtaining of Social Security numbers for children is mandatory, and that they make it inconvenient and awkward to refuse receiving a number for their child.  (WTP #479) 

5.23.  Admit that even though income tax returns require listing social security numbers for children who are dependents in order to claim them as deductions, parents may provide other proof such as a birth certificate in lieu of a social(ist) security number to claim the deduction.  (WTP #480) 

5.24.  Admit that a majority of employers will insist that their employees obtain a Social Security Number as a precondition of employment, and that this makes joining the program compulsory and not mandatory for all practical purposes.  (WTP #481) 

5.25.  Admit that using the government to plunder the assets of the rich to support the poor using the force of the law is no less extortion or theft because it is called "taxation".  (WTP #482) 

QUESTIONS ADDED BY AUTHOR BEYOND ORIGINAL WE THE PEOPLE HEARING

5.26.  Admit that in Matt 20:25-27 and Mark 10:42-43 and Luke 22:25-27 Jesus tells Christians to not have dominion over others, but to serve. CHRISTIANS SERVE. CHRISTIANS DON'T LORD over those who are not under them. They also don't use their vote or their right to sit on a jury to cause the government or their elected representatives or the IRS to lord over others.

Matt. 20:25-27:  "But Jesus called them to Himself and said, 'You know that the rulers of the Gentiles lord it over them, and those who are great exercise authority over them.  Yet it shall not be so among you; but whoever desires to be great among you, let him be your servant.  And whoever desires to be first among you, let him be your slave [not your master]---just as the Son of Man did not come to be served, but to serve, and to give His life a ransom for many." (KJV)

5.27.  Admit that using mandatory income taxes to plunder people's property, income, labor, and assets in the name of socialist programs such as Social Security and Welfare by using the force and color of law amounts to "imposing dominion" over others.

5.28.  Admit that Jesus said:

“Away with you , Satan!  For it is written, ‘You shall worship the Lord your God, and Him ONLY [NOT the government!] you shall serve.’”

[Bible, Matt. 4:10, KVJ]

5.29.  Admit that if service to God ONLY [not the government], and not dominion over others, are the mandates of Jesus Christ and of Christianity, then socialism and mandatory income taxes that go with them is entirely incompatible and in conflict with the Judeo Christian values of this country .

5.30.  Admit that if mandatory income taxes and socialism are incompatible and contradictory to the free exercise of Christianity in this country, then the First Amendment to the U.S. Constitution causes and allows one's religious values to supercede the requirement to pay income taxes as follows:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

5.31.  Admit that the the filing of tax returns with zero amounts in full compliance to the tax laws is frequently punished with a "frivolous return penalty", even though it could and often is interpreted by a reasonable persons as a First Amendment right to petition the government for redress of grievances.

5.32.  Admit that the free exercise of First Amendment rights may not be lawfully taxed, penalized, or regulated in any way by either the federal or state government.

5.33.  Admit that the purpose of law is to prevent injustice more than to promote justice.

5.34.  Admit that no injustice occurs when persons refuse to pay for or receive social security benefits or any other government entitlement program.

5.35.  Admit that injustice does occur and a reduction of personal sovereignty do inevitably occur when our elected representatives spend beyond their means perpetually and have to perpetually raise taxes and confiscate progressively more of our income to make payments on the debt.

5.36.  Admit that Congress may not delegate authority given to it by the Constitution.

5.37.  Admit that the Federal Reserve Act delegates Congress' authority in part under Article 1, Section 8, Clauses 5 and 6 to the Federal Reserve:

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

5.38.  Admit that Congress delegating its authority through the Internal Revenue Code to collect taxes under Article 1, Section 8, Clause 1 of the U.S. Constitution to an agency in the Executive branch called the Internal Revenue Service is an exercise of authority it doesn't Constitutionally have.

5.39.  Admit that because the IRS is part of the Executive branch and not the Legislative branch, and because none of the persons working for the IRS in the executive branch are elected like those in Congress, then the federal income tax amounts to taxation without representation, rebellion against which was one of  very situations that gave rise to the birth to this country.