An Old Turkey’s Thoughts On Just How Its Supposed To Be
In plain, simple, down-to-Earth terms, the Constitution of the United States of America created two ponds of water.
One pond in which the Federal government functions, and one pond in which State governments function. If you want to go swimming, swim in the water where the Federal government is not allowed to function. That way the IRS tax sharks can’t take a bite out of your earnings!!!
The government that our founding fathers structured and built for us was the result of coming out of a union of thirteen independent Colonies that was not working. It had not produced the results they expected. With that fresh on their minds and knowledge of what was on the other side of the waters lying in wait to take them down, they devised a plan of government to provide the people with strong general government with absolute power over its sphere of sovereignty but no power outside of its sphere of sovereignty.
Sovereignty begins with the people! That sovereignty is divided into three separate and distinct parts and it takes all three to make up the whole.
To the State (Colonies) governments they placed the protection of the citizens and residents within their respective territorial limits. This protection extended to the right to life, liberty, and the pursuit of happiness. The right to life includes everything necessary to keep body and soul together. The right to liberty includes everything necessary for them to move about freely, unrestricted by any means. The right to pursue happiness has been understood to be equivalent to property rights. These rights, they pointed out, were God given and not acquired. The Declaration of Independence declared those rights and the Constitution established a government to secure the blessings of those rights to the people. The purpose of the Constitution was to make plain the limitations of the newly formed government in defending the rights declared In the Declaration of Independence. The only restriction being that they could not infringe upon someone’s right to enjoy those same rights.
To the general government, United States in Congress, they placed the protection of State citizen’s rights from being infringed on by powers of a foreign nature whether it be by invasion or otherwise. The only time the general government could step foot inside a State in regards to the State’s citizens, relative to matters outside of its delegated powers, would be at the request of its Governor or someone functioning in its capacity.
The remainder of the people’s sovereignty, they kept for themselves. Their sphere of action was and is to provide for the health and wellbeing of their families and communities.
USC case –
“We have in our political system a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a citizen of a State, but his rights of citizenship under one of these governments will be different from those he has under the other. Slaughter- House Cases, 16 Wall. 74.
Citizens are the members of the political community to which they belong. They are the people who compose the community, and who, in their associated capacity, have established or submitted themselves to the dominion of a government for the promotion of their general welfare and the protection of their individual as well as their collective rights. In the formation of a government, the people may confer upon it such powers as they choose. The government, when so formed, may, and when called upon should, exercise all the powers it has for the protection of the rights of its citizens and the people within its jurisdiction; but it can exercise no other. The duty of a government to afford protection is limited always by the power it possesses for that purpose.\
Experience made the fact known to the people of the United States that they required a national government for national purposes. The separate governments of the separate States, bound together by the articles of confederation alone, were not sufficient for the promotion of the general welfare of the people in respect to foreign nations, or for their complete protection as citizens of the confederated States. For this reason, the people of the United States, ‘in order to form a more perfect union, establish justice, insure domestic tranquility, provide for [92 U.S. 542, 550] the common defense, promote the general welfare, and secure the blessings of liberty’ to themselves and their posterity (Const. Preamble), ordained and established the government of the United States, and defined its powers by a constitution, which they adopted as its fundamental law, and made its rule of action.
The government thus established and defined is to some extent a government of the States in their political capacity. It is also, for certain purposes, a government of the people. Its powers are limited in number, but not in degree. Within the scope of its powers, as enumerated and defined, it is supreme and above the States; but beyond, it has no existence. It was erected for special purposes, and endowed with all the powers necessary for its own preservation and the accomplishment of the ends its people had in view. It can neither grant nor secure to its citizens any right or privilege not expressly or by implication placed under its jurisdiction.
The people of the United States resident within any State are subject to two governments: one State, and the other National; but there need be no conflict between the two. The powers which one possesses, the other does not. They are established for different purposes, and have separate jurisdictions. Together they make one whole, and furnish the people of the United States with a complete government, ample for the protection of all their rights at home and abroad. True, it may sometimes happen that a person is amenable to both jurisdictions for one and the same act. Thus, if a marshal of the United States is unlawfully resisted while executing the process of the courts within a State, and the resistance is accompanied by an assault on the officer, the sovereignty of the United States is violated by the resistance, and that of the State by the breach of peace, in the assault. So, too, if one passes counterfeited coin of the United States within a State, it may be an offence against the United States and the State: the United States, because it discredits the coin; and the State, because of the fraud upon him to whom it is passed.
This does not, however, necessarily imply that the two governments possess powers in common, or bring them into conflict with each other. It is the natural consequence of a citizenship [92 U.S. 542, 551] which owes allegiance to two sovereignties, and claims protection from both. The citizen cannot complain, because he has voluntarily submitted himself to such a form of government. He owes allegiance to the two departments, so to speak, and within their respective spheres must pay the penalties which each exacts for disobedience to its laws. In return, he can demand protection from each within its own jurisdiction.
The government of the United States is one of delegated powers alone. Its authority is defined and limited by the Constitution. All powers not granted to it by that instrument are reserved to the States or the people.”
United States Supreme Court, U S v. CRUIKSHANK, (1875)
http://caselaw.findlaw.com/us-supreme-court/92/542.html
The fifty States have citizens of their own and the United States, in a territorial sense, has citizens of its own. State citizens are citizens of the State in the Union in which they are domiciled, while United States citizens are citizens of the States under its exclusive jurisdiction which are the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa and any other lands within its jurisdiction providing that those citizens are subject to its jurisdiction. (Foot Note 1) The laws of the United States only apply to its citizens, the citizens of the Several States in certain instances and any other entity subject to its jurisdiction as defined by the Constitution and clarified by its laws and United States Supreme Court decisions relative to its jurisdiction.
Regarding territorial jurisdiction, there are two things that are territorial in their nature, taxation and criminal procedure.
In regards to employee taxes, we turn to
26 U.S. Code § 3121 – Definitions
https://www.law.cornell.edu/uscode/text/26/3121
Section 3121 (e)
(e)STATE, UNITED STATES, AND CITIZEN
For purposes of this chapter—
(1)STATE
The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
(2)UNITED STATES
The term “United States” when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
An individual who is a citizen of the Commonwealth of Puerto Rico (but not otherwise a citizen of the United States) shall be considered, for purposes of this section, as a citizen of the United States.
A look at USC, Title 18, Part 1, Subsection 5 and 7 will help clarify the meaning of the term United States and the extent of its Special Maritime and Territorial jurisdiction regarding criminal activity.
US Code, Title 18, Part 1,
Subsection 5, Crimes and Criminal Procedure
https://www.law.cornell.edu/uscode/text/18/5
The term “United States”, as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone.
Subsection 7, Special maritime and territorial jurisdiction of the United States. https://www.law.cornell.edu/uscode/text/18/7
(3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.
Please read all of Subsection 7 for other details of importance.
The term “United States” can be understood in any one of several ways.
Hoovan & Allison v. Evatt – “The term ‘United States’ may be used in any one of several senses. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. It may designate the territory over which the sovereignty of the United States ex- [324 U.S. 652, 672] tends, or it may be the collective name of the states which are united by and under the Constitution.”
The only understanding of the use of the term United States that requires governing and regulation is as it relates to its territorial jurisdiction.
As you can see below, all legislation of Congress does not apply to within the States unless a territorial extent clause exists that says that that law applies to within the Several States.
Foley Bros. v. Filardo: 336 U.S. 281, 285, 69 S.Ct. 575 (1949);
“First. The canon of construction which teaches that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States, Blackmer v. United States, supra, at 284 U. S. 437, is a valid approach whereby unexpressed congressional intent may be ascertained.”
Blackmer v. United States, supra, at 284 U. S. 437
“While the legislation of the Congress, unless the contrary intent appears, is construed to apply only within the territorial jurisdiction of the United States,“
CAHA V. UNITED STATES
“Generally speaking, within any state of this Union the preservation of the peace and the protection of person and property are the functions of the state government, and are no part of the primary duty, at least, of the nation. The laws of congress in respect to those matters do not extend into the territorial limits of the states, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government.”
American Banana Company v. United Fruit Company, 213 U.S. 347, 357, 29 S.Ct. 511 (1909);
“The foregoing considerations would lead, in case of doubt, to a construction of any statute as intended to be confined in its operation and effect to the territorial limits over which the lawmaker has general and legitimate power. “All legislation is prima facie territorial.” Ex Parte Blain, L.R. 12 Ch.Div. 522, 528; State v. Carter, 27 N.J.L. 499; People v. Merrill, 2 Parker, Crim.Rep. 590, 596
The general government is made up of the Legislative, the Executive and the Judicial branches of government. The Legislative branch includes the House of Representatives and the Senate. The Executive branch includes the President, the Vice President and the Presidential cabinets. The Judicial Branch includes the Supreme Court and such inferior courts as the Congress may from time to time ordain and establish.
The House of Representatives represent the people of all the member States in the Union. The Senate represents the governments of all the Fifty States. The members of the House of Representatives are supposed to be chosen by the people of all the States while the members of the Senate are supposed to be chosen by the legislatures of the Several States. The President is supposed to be chosen by electors that are chosen by the legislatures of the Several States, not by the people.
Regarding the choosing of national representatives in government the State legislators represent the State governments in the choosing of the Senators and the President and Vice President. The Senate is where the State governments are united while the House of Representatives is where “We THE People” of all the States in the Union are united.
The President of the United States is the President of that entity that was created by the people of all the States and not the president of any of the States or of their citizens. We have Governors to see that our laws are carried out as our State legislatures intended for them to be.
The method of choosing the members of the general government has been changed because of the negative effects of political parties that have been allowed to commandeer our political processes. Our founding fathers warned us time and again of the dangers of allowing political parties to gain control of our political processes. The political parties that have commandeered our political processes were not provided for in the Constitution and have been the vehicles through which foreign powers are gaining control of our government to some extent.
There are two kinds of taxes that the US Constitution allows – direct and indirect. Indirect taxes are taxes based on the performance of some privilege or activity that is rightfully regulated by the federal Government. Direct taxes have been held by the U S Supreme Court to be taxes on land and property or assets because of ownership.
The U S Supreme Court has ruled that the Income Tax is a tax on corporations for the privilege of doing business in corporate form. The amount of the tax is based on the total income received from doing business in corporate form. If you are not incorporated then you don’t owe the Income Tax. Your earnings are your property and are not subject to the Income Tax.
This site is all about the History and Purpose of the Sixteenth Amendment. All of your United States and State Representatives and Senators believe the Sixteenth Amendment to be what authorized the U S Congress to tax your earnings. The U S Supreme Court says otherwise!!!
The unconstitutional implementation of the Sixteenth Amendment Income Tax relating to the earnings of the citizens of the States in the Union is the single most important factor that has allowed the General (Federal) Government to overreach its constitutional authority. It has caused the States to have to become subject to the General government in order to fund necessary government functions. It has indirectly drained the treasuries of the States by taking our money out of circulation within the States that we live in thus taking revenues that would have been generated had the “tax monies” stayed in our hands and been spent in those States.
We will now look at the Internal Revenue Code and its Official Interpretation regarding Income Tax on Individuals to see who it applies to. This tax is not the Sixteenth Amendment tax. The Sixteenth Amendment tax is actually an excise tax based on the amount of income made by a corporation and they call it an Income Tax. That’s what makes things so confusing.
Remembering what we have learned above we will now explore Information Regarding the Income Tax on Individuals and who it applies to. We will first review information from an IRS website that sets us strait on the
Tax Code and The Federal Tax Regulations.
https://www.irs.gov/privacy-disclosure/tax-code-regulations-and-official-guidance
Internal Revenue Code
Federal tax law begins with the Internal Revenue Code (IRC), enacted by Congress in Title 26 of the United States Code (26 U.S.C.).
Treasury (Tax) Regulations
Treasury regulations (26 C.F.R.)–commonly referred to as Federal tax regulations–pick up where the Internal Revenue Code (IRC) leaves off by providing the official interpretation of the IRC by the U.S. Department of the Treasury.
When we look at a section of the Internal Revenue Code (IRC) and really want to know what it means, we turn to the Code of Federal Regulations (CFR) for that particular section of the IRC. Take a peak below.
U.S. Code, Title 26, Internal Revenue Code
Subtitle A
PART I—TAX ON INDIVIDUALS
26 U.S. Code § 1.Tax imposed
(a)Married individuals filing joint returns and surviving spouses
There is hereby imposed on the taxable income of—
(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and
(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
| If taxable income is: | The tax is: |
| Not over $36,900 | 15% of taxable income. |
| Over $36,900 but not over $89,150 | $5,535, plus 28% of the excess over $36,900. |
| Over $89,150 but not over $140,000 | $20,165, plus 31% of the excess over $89,150. |
| Over $140,000 but not over $250,000 | $35,928.50, plus 36% of the excess over $140,000. |
| Over $250,000 | $75,528.50, plus 39.6% of the excess over $250,000. |
The main question that we might ask about that part of the IRC might be “Does it apply to me?
We saw above that the CFR provides the official interpretation of that section of the IRC. Take a peak remembering what the old turkey showed us above.
The IRC and the CFR work together to show the whole of the matter and when placed side by side on a coordinate sheet are called The Parallel Table of Authorities.
Below is the 26 CFR section that corresponds with IRC above. Remembering what that old turkey showed us above, study the interpretation of the above section of the IRC regarding the Income Tax on Individuals.
26 CFR § 1.1-1 – Income tax on individuals.
(a) General rule.
(1) Section 1 of the Code imposes an income tax on the income of every individual who is a citizen or resident of the United States and, to the extent provided by section 871(b) or 877(b), on the income of a nonresident alien individual.
(b) Citizens or residents of the United States liable to tax. In general, all citizens of the United States, wherever resident, and all resident alien individuals are liable to the income taxes imposed by the Code whether the income is received from sources within or without the United States. Pursuant to section 876, a nonresident alien individual who is a bona fide resident of a section 931 possession (as defined in § 1.931-1(c)(1) of this chapter) or Puerto Rico during the entire taxable year is, except as provided in section 931 or 933 with respect to income from sources within such possessions, subject to taxation in the same manner as a resident alien individual. As to tax on nonresident alien individuals, see sections 871 and 877.
(c) Who is a citizen. Every person born or naturalized in the United States and subject to its jurisdiction is a citizen. For other rules governing the acquisition of citizenship, see chapters 1 and 2 of title III of the Immigration and Nationality Act (8 U.S.C. 1401–1459). For rules governing loss of citizenship, see sections 349 to 357, inclusive, of such Act (8 U.S.C. 1481–1489), Schneider v. Rusk, (1964) 377 U.S. 163, and Rev. Rul. 70-506, C.B. 1970-2, 1. For rules pertaining to persons who are nationals but not citizens at birth, e.g., a person born in American Samoa, see section 308 of such Act (8 U.S.C. 1408). For special rules applicable to certain expatriates who have lost citizenship with a principal purpose of avoiding certain taxes, see section 877. A foreigner who has filed his declaration of intention of becoming a citizen but who has not yet been admitted to citizenship by a final order of a naturalization court is an alien.
Does that Income Tax apply to you?
With the proper understanding of how our system is supposed to operate, we can go forward and educate our families, friends and associates and encourage them to come along and help push the wagon.
Be Blessed
Foot Note 1
U.S. Code › Title 8 › Chapter 12 › Subchapter III › Part I
8 U.S. Code Part I – Nationality at Birth and Collective Naturalization
• US Code
prev | next
• § 1401 – Nationals and citizens of United States at birth
• § 1401a – Birth abroad before 1952 to service parent
• § 1401b – Repealed. Pub. L. 92–584, § 2, Oct. 27, 1972, 86 Stat. 1289
• § 1402 – Persons born in Puerto Rico on or after April 11, 1899
• § 1403 – Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904
• § 1404 – Persons born in Alaska on or after March 30, 1867
• § 1405 – Persons born in Hawaii
• § 1406 – Persons living in and born in the Virgin Islands
• § 1407 – Persons living in and born in Guam
• § 1408 – Nationals but not citizens of the United States at birth
• § 1409 – Children born out of wedlock