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Our Political System As It Was Intended To Be

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/26/3121USC, 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!!!

For more information go to http://sovereignstateslibertywatchgroup.com.

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

Two Fishing Holes

In plain simple down to Earth terms, the Constitution of the United States of America created two ponds of water.

One for the Federal government to function in and one for the States’ governments to function in.  If you want to go swimming, swim in the water where the Federal government is not allowed to function in.  That way the IRS tax sharks cant take a bite out of your earnings!!!

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