Township News

Italics are mine – Frank Trejo – Yesterday’s News Today

The following article by J. Kenneth Blackwell – Kenneth A. Klukowski both do legal work. Authors of “The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency.” The article appeared in the Wall Street Journal – sometime this year – forgot.

Why the ObamaCare Tax Penalty Is Unconstitutional

The Justice Department announced last week that it would defend the new federal health-insurance mandate as an exercise of Congress’s “power to lay and collect taxes,” even though Barack Obama had insisted before the bill’s passage that it was “absolutely not a tax increase.” The truth is the mandate is not a tax – and if it were it would be unconstitutional. A tax is when the government takes money from individuals, puts it in the treasury, and plans to spend it. With the health-insurance mandate, the government is not taking money from private individuals; rather, it is commanding them to give their money to another private entity, not to the Treasury. If individuals don’t obey the mandate, they pay a penalty to the Treasury. But penalties are not taxes. The mandate is legally separate from the penalty.

Even if the Justice Department were to get the mandate considered a tax, it would be an unconstitutional one. Unlike states, the federal government has limited jurisdiction. Under the 10th Amendment, the federal government has only those powers enumerated by the Constitution, and all other powers are reserved to the people or the states. Every federal action must be authorized by a constitutional provision. If there is no such provision, then the action is unconstitutional. No provision of the Constitution authorizes the federal government to command people to buy insurance.

The Taxing and Spending Clause in Article 1 of the Constitution gives the federal government broad power to tax the American people. But that power is not unlimited. The Constitution originally allowed only three types of taxes. The first was a duty, which is a tax on imports. The second was an excise tax, which is a tax for the privilege of doing something, such as buying alcohol or holding a professional license to practice law. (better known as a “privilege license”) Both duties and excise taxes are indirect taxes that can be passed on to consumers (taxes on goods purchased)

The third type of tax was a direct tax, which cannot be passed on to someone else. The only type of direct tax permitted by the Constitution was a “capitation tax,” or head tax, which every person could be required to pay. The Constitution required that any capitation tax be apportioned, meaning that every person in a given state had to pay the same amount. New Yorkers might have to pay $600 per year while Virginians only pay $500, but every person within each state must pay equally.

When Congress created an income tax in the late 1800s, the Supreme Court struck it down on the grounds that it was a direct tax but not apportioned. (The Court followed what the Constitution read and not interpreted what THEY thought it should mean) That 1895 decision, Pollack v. Farmers’ Loan & Trust, rejected the idea that Congress had some generic power to tax outside the three categories laid out in the Constitution. That’s why, in 1913, the 16th Amendment to the Constitution was required in order to institute a national income tax. Since then, a tax on income had been the fourth and final type that the federal government can impose.

The individual health-insurance mandate fits into none of these four categories and is therefore not constitutionally justified as a tax. But the Constitution is only as good as the Supreme Court interpreting it. (WRONG!) The Senate’s imminent vote on Elena Kagan’s nomination is a poignant reminder that we need a court that faithfully upholds the Constitution. Such a Court would strike down ObamaCare…end of article
 
It is NOT the duty of the Supreme Court to say what the law is,(that is the function of the Legislature) let alone to create law. The duty of the Supreme Court is to judge whether legislation passed by the other two branches is in harmony with what the Constitution reads. If it isn’t, then it’s back to the drawing board by the criminals.

Marbury v. Madison:

“A law repugnant to the Constitution is void.”

With these words, Chief Justice John Marshall established the Supreme Court’s role in the new government. Hereafter, the Court was recognized as having the power to review all acts of Congress where constitutionality was at issue, and judge whether they abide by the Constitution. . . Got that now?

Because of President Pinocchio’s communistic leanings the American people are beginning to understand the difference between socialism, communism, Marxism, Liberalism, Progressivism. . .all those “isms” that spell anti-Americanism. We have all three branches of government operating outside the mandates of our Constitution.

Besides Duties, Imposts and Excise taxes there is the 16th Amendment as a means of reaching into our pockets to steal our hard earned money. It’s a proven fact the 16th Amendment was never properly ratified. Furthermore, the way it’s worded is a deception many aren’t aware of. It had to be done. This way the Bankers could ensure getting the interest for the borrowing out of the pockets of the American people. Duties are taxes on exports. Imposts are taxes on imports. Excise are taxes laid on merchandise within a country – known as sales taxes – on goods and services.

There are only two ways government may legally tax your labor. Equally apportioned throughout the State. And the other in case of war. Those two are still in your Constitution because no one in government may change that unless the people do via the amendment process – Article V of the Constitution.

The following is  by Claire Kelley; I use some of her works periodically. If you scroll through this web you’ll find many of her articles. Many tax rebels in the past that challenged the IRS and courts based upon newly discovered laws by people, like Claire, ended in jail because of the subversion of the three branches of government. The system to enslave Americans economically had, and still is, protected by a government that has become criminal:

“…..the 16th Amendment conferred No New Power of Taxation, but simply prohibited the previous…power of income taxation, possessed by Congress from the beginning, from being taken out of Indirect taxation, to which it inherently belongs.”(Stanton v. Baltic Mining Co., (1916) 240 US 10.

There is no question that the income tax is an indirect tax (i.e., excise) tax, under Article 1, Sec. 8 para 1 of the U.S. Constitution and anyone who claims otherwise, simply hasn’t done their homework.

“…the words income tax and excise tax are synonymous under the Sixteenth Amendment.” (Brushaber v Union Pacific. (1916) US 1.

The Constitution is a limited grant of power to our public servants and the taxing clause (Art. 1 Sec. 8 para 1) says that Congress does indeed have the power to tax, but those taxes are limited duties, imposts and excises. The Sixteenth Amendment did not change that.

The income tax problem for working people stems from the unconstitutionally passed “Individual Income Tax ACT of 1944,” (58 Stat. 234) which is a direct, wage tax, in violation of the Constitution. The Constitution still requires apportionment, for direct taxes Art. 1. Sec. 9 para 4. The direct wage tax is unconstitutional as to the prohibition against taxing the inalienable right to work which we are born with, and not by government.(By Claire)

Remember – NO ONE IN GOVERNMENT may change ANY THING in your Constitution without your permission. Many are ignorant of this, including lawyers. This is why it was important for the International Bankers to get those in government to take control of our educational system for the purpose of creating an ignorant society. 90% have never read the Constitution. 25% are illiterate. Small wonder the criminals in government get away with all the criminal activity.

Many decent American citizens in the past suffered terribly in the hands of the IRS and courts for having the courage to speak out against the injustices against freedom loving citizens. Today, people like me are monitored. Every major news organization has the CIA involved – so I’ve heard. All communication is monitored. We are communized and don’t even know it. Oh, we’re allowed to roam around giving us a sense of freedom but below the surface there are forces willing to overthrow our Republic. It is not a conspiracy, one only has to look at the White House and Congress to get a clue.

“The liberties of our country, the freedom of our civil Constitution, are worth defending at all hazards; and it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors: they purchased them for us with toil and danger and expense of treasure and blood, and transmitted them to us with care and diligence.
     It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of false and designing men.” (Samuel Adams (1722-1803) Father of the American Revolution)

We have a criminal government. Our White House is painted red. Leftist Radicals in Congress are morally bankrupt and have no respect for the rule of law. Most all news organizations are controlled by the elite. Our monetary system is controlled by the inventors of communism – the International Bankers. Our Young are sent all over the world so global corporations and arm-merchants can enrich themselves. The minorities, led by communists are beginning to take over the West. Communists dominate most all our institutions – especially education. Against all odds our last hope is in November.

For humor visit my other web and read my bio. www.trejobarrio.com