PETITION FOR STATE GOVERNMENT INTERVENTION – FEDERAL INCOME TAX

                                    In The States of the Union Known As

                                           The United States of America

Now comes we the people, not the people of any political party but as We The People of the United States of America, in concert, appealing to our legislatures for relief from the undue tax burdens placed upon us by the powers that be.

Our prayer is to the Almighty God of the Earth, the God of Abraham, the God of Isaac and the God of Jacob and for the Legislatures of the member States in the Union to serve notice to the Federal Government to halt, effective immediately, its practice of assuming powers and imposing mandates and laws upon the citizens of the member states in the Union for purposes not enumerated by the Constitution for the United States of America.

WHEREAS, In U.S. Supreme Court, 118 U.S. 356 – Yick Wo v. Hopkins we find that, “When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power. Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.”;  and

WHEREAS, We see in 118 U.S. 356 – Yick Wo v. Hopkins that the Right to Life, Liberty and the pursuit of Happiness that was given by God to the People of these united States is safeguarded by the fact that sovereignty remains in the people under God.

WHEREAS, The people have divided their sovereignty into three separate and distinct spheres of action.

  • The right to enjoy Life including everything requisite to the maintenance thereof, Liberty and the Pursuit of Happiness, they reserved to themselves.
  • The responsibility of protecting those rights within their own States was given to their State government. Within this sphere of the people’s sovereignty there are limitations regarding the States actions.  The Sovereignty of the States extends to everything that exists by the authority of the State and to everything that is allowed by its permission. (McCulloch v. Maryland)
  • The responsibility of protecting those rights from intrusion from without the territorial limits of the individual States was given to the National government, styled as The United States of America. Its sphere of sovereignty extends to the outer limits of its maritime and territorial jurisdiction which includes the ten mile squared seat of government known as Washington D. C., Puerto Rico, Guam, American Samoa, the Virgin Islands and any other possessions and lands belonging to the United States of America and used for forts, magazines, arsenals, dockyards and any other needful buildings within the States in the Union. (18 U.S. Code § 5 – United States defined.  18 U.S. Code § 7 – Special maritime and territorial jurisdiction of the United States defined); and

WHEREAS, The perpetuity of the Union depends upon the preservation of the right of local self-government, unimpaired, to all the States; All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of the Several States stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.”; and

WHEREAS, The Tenth Amendment to the Constitution for the United States of America reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”; and

WHEREAS, The Tenth Amendment to the Constitution for the United States of America defines the total scope of federal power as being that specifically granted by the Constitution for the United States of America and no more; and

WHEREAS, The Tenth Amendment to the Constitution for the United States of America means that the federal government was created by the states specifically to be an agent of the states with powers both limited and enumerated…;  and

WHEREAS, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992) That Congress may not simply commandeer the legislative and regulatory processes of the States; and

WHEREAS, The Tenth Amendment assures that we, the people of the member States in the Union and each Sovereign State in the Union of States, have always had rights that the federal government may not usurp; and

Petition of The People;

WHEREAS, Among those rights reserved to the Citizens of the member States in the Union is the right to free access to, “The common business and callings of life, the ordinary trades and pursuits, which are innocuous in themselves, and have been followed in all communities from time immemorial, must therefore be free in this country to all alike upon the same conditions and the right to pursue them, without let or hindrance, except that which is applied to all persons of the same age, sex, and condition, is a distinguishing privilege of Citizens of the United States, and an essential element of that freedom which they claim as their birthright. It has been well said that ‘the property which every man has is his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable. The patrimony of the poor man lies in the strength and dexterity of his own hands, and to hinder his employing this strength and dexterity in what manner he thinks proper, without injury to his neighbor, is a plain violation of this most sacred property. It is a manifest encroachment upon the just liberty both of the workman and of those who might be disposed to employ him.” (Butcher ‘s Union Co. v. Crescent City Co., 111 US 746); and

WHEREAS, “The Right to receive income or earnings is a right belonging to every person, and realization and receipt of income is therefore not a “privilege” that can be taxed.”  (Jack Cole Company v. MacFarland, 337 S.W. 2d 453); and

WHEREAS, “The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and charter powers to the state; but the individuals’ rights to live and own property are natural rights for the enjoyment of which an excise cannot be imposed.”  (Redfield v. Fisher. 292 P. 819); and

WHEREAS, The Sixteenth Amendment was approved by Congress on July 2, 1909 after the Corporation Tax Act was enacted in that same year to sustain the the provisions of the Corporation Tax Act.

WHEREAS, According to Senate Document No. 112-9, 112th Congress, Second Session, prepared by the Congressional Research Service, Pages 2237 and 2238, the Sixteenth Amendment was ratified on February 3, 1913 and sustained by the United States Supreme Court and provided for a corporate income tax as an excise tax “measured by income” on the privilege of doing business in corporate form from whatever source the income is derived; and

WHEREAS, In Stratton’s Independence v. Howbert, 231 U.S. 399 (1913), the court said:  “As has been repeatedly remarked, the corporation tax act of 1909 was not intended to be and is not, in any proper sense, an income tax law. This court has decided in the Pollock Case that the income tax of 1894 amounted in effect to a direct tax upon property, and was invalid because not apportioned according to population, as prescribed by the Constitution. The act of 1909 avoided this difficulty by imposing not an income tax, but an excise tax upon the conduct of business in a corporate capacity, measuring, however, the amount of tax by the income of the corporation, . . .”; and

WHEREAS, Based on the opinion of the court in Stratton’s Independence v.   Howbert, 231 U.S. 399 (1913), it is apparent that the office of the Secretary of the U. S. Senate  has propagated misinformation regarding the Sixteenth Amendment  (http://www.senate.gov/civics/constitution_item/constitution.htm?vm=r#amdt_16_ (1913)) in that it proclaims that the Sixteenth Amendment reversed the ruling on the Income Tax Act of 1894, in the Pollock case, and allowed for an Income Tax to be allowed.  With that understanding alongwith the wording of the Sixteenth Amendment one would think that the Sixteenth authorized an Income Tax on everyone’s income no matter what the source of the income might be; and

WHEREAS, Building upon definitions formulated in cases construing the Corporation Tax Act of 1909, the Court initially described income as the “gain derived from capital, from labor, or from both combined,” inclusive of the “profit gained through a sale or conversion of capital assets” and received from activities performed by corporations; and

WHEREAS, Understanding the correct meaning of the word “Income” as it is used in the Sixteenth Amendment, it is easy to see that the citizens of the States in the Union are not subject to the Federal Income Tax laws; and

WHEREAS, The opinion has been stated that questions regarding the United States revenue laws are Federal issues and NOT State issues and therefore are not the concern of the State legislatures; and

WHEREAS, For an example, roughly $112,582,000,000 was spent to facilitate the operations of the State of Texas in 2015 and roughly $43,430,000,000 came from funds from the United States Treasury; and

WHEREAS, Assuming that the Income Taxes extracted from individuals in Texas, unconstitutionally, stayed in Texas, all of it probably would, no doubt, be spent in Texas and would generate, when circulated within the State until eaten up by taxes, enough to nearly, if not totally,  eliminate the need for federal funds; and

WHEREAS, The United States Congress is taking, indirectly, revenue out of the treasury of the States by unconstitutionally taxing the earnings of the citizens of the States and that makes the issue a State issue and needs to be dealt with by the States in the Union.  Now therefor be it

RESOLVED, That the citizens of the States in the Union hereby claim sovereignty under the Tenth Amendment to the Constitution for the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution for the United States or granted to the States by the Constitutions for their State; and, be it further

RESOLVED, That this serves as notice and demand to the States in the Union, as our agents, to team with all other member States in the Union and demand that the Congress of the United States cease and desist, effective immediately, the collection of the federal “Income Tax” from the earnings of their constituents; and be it further

RESOLVED, That the States demand that all compulsory federal legislation that deals with revenue collections from within the States be within the parameters set by the Constitution for the United States of America; and be it further

RESOLVED, That the States demand that all federal agencies dealing with revenue issues correct their literature to reflect that the Sixteenth Amendment provided for an excise tax measured by income on the privilege of doing business in corporate form rather than for an income tax on the earnings of State citizens; and be it further resolved

RESOLVED, That the States in the Union cease and desist all State legislative and regulatory processes regarding assistance in the implementation of all federal income tax laws when they are applied to earnings of the citizens of the States in the Union; and be it further

RESOLVED, That WE The People move that our State Legislatures Petition for a Constitutional revision of the Sixteenth Amendment to read as follows:

SIXTEENTH AMENDMENT

The Congress shall have power to lay and collect taxes on corporate incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. 

RESOLVED, That the secretaries of state of the member States in the Union forward copies of this Petition to the Governors of the member States in the Union, to the speaker of the House of Representatives and the President of the Senate of the United States Congress, and to all the members of their State delegations to the congress with the request that this petition be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.

Be Blessed,

We the People

 

We, The People of these United States, in concert, humbly request that our State government representatives accept our petition and hear our resolve regarding these matters.

In support of this petition, with a firm reliance on Divine Providence, we hereby ascribe our names in good faith believing that our representatives will take appropriate action for the benefit of State government revenues and on behalf of their constituents.

In the State of _________________ we hereby pledge our support of this Petition

Name, State and Zip Code

1.   _______________     _________________

2.  ________________    _________________

3.  ________________    _________________

4.  ________________    _________________

5.  ________________    _________________

6.   ________________    _________________

7.   ________________    _________________

8    ________________    _________________

9.    ________________   _________________

10.   _______________    _________________

11.   _______________    _________________

12.   _______________    _________________

13.   _______________    _________________

14.   _______________    _________________

15.   _______________    _________________

16.   _______________    _________________

17.   _______________    _________________

18.   _______________    _________________

19.   _______________    _________________

20.   _______________    _________________

21.   _______________    _________________

22.    _______________    _________________

23.   ________________    _________________

24.   ________________    _________________

25.   ________________    _________________

 

Citizens Support Group representative affirmation;

I, __________________________, affirm that all signors above are from the State listed.

Signature: ______________________________      Date ________________

Note:  To Citizens Support Group Representatives

When this Petition is completed, send the original to Citizens Support Group, keep a copy for yourself, and mail a copy to your State Representative and a copy to your State Senator.  CSG will forward certified petitions to your State’s Secretary of State.

This procedure will allow us to ensure that our voice is being heard.

Citizens Support Group

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