Re: An examination of the authority to tax.
- From: YouDontOwnMe <YouDontOwnMe@xxxxx>
- Date: Mon, 07 Sep 2009 08:41:16 -0500
YouDontOwnMe wrote:
To examine the concept of "authority to tax", I will be keeping my focus on the authority to tax compensation for labor.
It is my thesis that authority to tax compensation for labor does not exist.
The subject is an examination of the authority to tax, starting at the
authority to tax compensation for labor. In order to tax compensation
for labor, the law must impose the tax in "clear and unequivocal
language". (The quoted phrase comes from the Supreme Court.)
The "authority" of "law" is a common, albeit useful, misnomer.
A "law" is a written command or directive. When a law is said to have
"authority", it actually means the entity making the command has
"authority" to make a command that requires obligatory compliance. If
the entity making the command doesn't have "authority" the entity's
written command does not have "authority" either.
In order for any "law" to have "authority", there must be an original
source of "authority", and there must be a "chain of authority" linking
the "law" to that original source of "authority".
Any "law" missing an original source of "authority" or missing an intact
"chain of authority" is void "ab initio" [Latin - From the beginning],
as if the "law" never existed.
<>-<>-<>-<>-<>-<>-<>-<>-<>-<>-<>-<>-<>-<>-<>-<>
Working backwards from the tax law, the chain of authority in the united
States (sic) is thus:
1. The tax law imposes the tax. The tax law in question is a directive
of Congress demanding that personal property (a portion of compensation
for labor) be handed over to the "federal State". (Erringly referred to
by the common misnomer of the "federal government").
2. The tax law is enacted by Congress. Congress, by the authority
delegated to it, makes written commands.
3. The federal Constitution delegates the authority of the People to
Congress. Congress is given specific enumerated authorities by the
Constitution for specific enumerated purposes. Any act of Congress
outside those specific enumerated purposes is an act outside their
authority (Ultra Vires). (Unsupported assertion: Congress acts outside
their authority quite regularly. That's an argument for another time.)
http://en.wikipedia.org/wiki/Ultra_vires#Constitutional_law
4. The People delegated their authority to Congress via the Constitution.
We the People of the United States, in Order to form a
more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote
the general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of
America.
Contrary to the State propaganda, State indoctrination, and State
revisionist history being taught in publik skools, The US Constitution
is to be read in the light of the Declaration of Independence.
5. "The People" refers to a collective. The People's authority is a
collective authority.
6. The collective can NOT be given any authority that the Individual in
the collective does not have.
Consider these two cases:
In the first case, there is a collective of ten people. None of the ten
people in the collective have any marbles, therefore no Individual can
give any marbles to the collective, therefore this collective can NOT
have any marbles.
In the second case, there is another collective of ten people. One of
the ten people in the collective has a crate of marbles, therefore this
Individual can give marbles to the collective, therefore this collective
CAN have marbles.
The collective can NOT have any thing, power, authority, or right that
the Individuals in the collective do not already possess.
If the Individual does not have the right to take another's property,
then the collective can not get the right to take another's property.
7. The Individual's source of authority comes from the Individual's
unalienable rights. The source of the Individual's authority is cited in
the Declaration of Independence.
We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their
Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness.
Inherent to the Right of Life is the "authority" to protect that Life.
No Individual needs permission to protect their Life.
Inherent to the Right of Liberty is the "authority" to protect that
Liberty. No Individual needs permission to protect their Liberty.
The unalienable Rights listed are three among many other unalienable
Rights not listed.
Inherent to the Right of Property ownership is the "authority" to
protect that Property. No Individual needs permission to protect their
Property.
The Individual's unalienable rights are THE source of all "authority".
<>-<>-<>-<>-<>-<>-<>-<>
1. Taxation is the taking of property.
2. You can NOT delegate a right to somebody else that you yourself do not have.
3. You do NOT have the right to take my property just because you want it or because you will use it for the benefit of society.
4. Since you do NOT have the right to take my property for those purposes, you can NOT give that right to any other entity.
5. Since you can NOT give that right to the people, the people do NOT have that right.
6. Since the people do NOT have that right, the people can NOT give the right to take my property for those purposes to the State.
7. "We hold these truths to self-evident, that all men are created equal... "
8. What applies to you, applies to everybody else as well.
To believe in the superstitious myth of authority (a myth created by Statist Propaganda) is to defy logic and to ignore the simple fact that one can not give to anyone else, that which one does not have.
.
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