Thanks for the violation of TOS there Bill. Its so nice to see you aren't going to change. You might want to read my statements and think about them before you come back with the outlandish idea that I am accusing you of believing Russo's arguments let alone that you will be mounting them in court.
I don't see how it can be "dirty pool" for the states to ratify an amendment. Can you tell us how it could be "dirty pool"? Perhaps you can come up with some logical explanation of how states were duped into agreeing to different amendments. I can't come up with one. You would have to examine the amendments they ratified and tell us how a comma here or a semicolon there could make people think they were ratifying something completley different. Of course no one that did ratify those amendments ever complained either. A small little detail that would be required to complete the conspiracy theory there Bill. Were they all killed perhaps and replaced with robot duplicates? The argument that the states were duped into ratifying a fake amendment and didn't notice makes less sense than the conspiracy theory that Bush planned 9/11. (And that doesn't make any sense.)
Sixteenth Amendment not adopted: mentioning "The Law that Never Was" by Benson & Beckman: US v. Wm.J. Benson (7th Cir 1991) 941 F2d 598 [one of the authors of Law/Never] amended on other grounds 957 F2d 301; [ Benson convicted of tax evasion and sentenced to four years of prison followed by five years probation. US v. Benson (7th Cir 1995) 67 F3d 641 reh.den 74 F3d 152; it appears he violated the terms of his parole. Benson v. US (ND IL 1997) 969 F.Supp 1129]; M.D. Miller v. US (7th Cir 1988) 868 F2d 236; ("The validity of that process [adopting the 16th Amendment] and if the resulting constitutional amendment are no longer open questions.") US v. Sitka (2d Cir 1988) 845 F2d 43 at 47 cert.den 488 US 827; US v. Thomas (7th Cir 1986) 788 F2d 1250 cert.den 479 US 853 (the leading case; held that the Sec of State's 1913 proclamation of the adoption of the 16th Amendment is conclusive and "is now beyond review"); US v. House (WD Mich 1985) 617 F.Supp 237 aff'd (6th Cir 1986) 787 F2d 593(t)(used Benson as a witness, and thoroughly discussed his book); US v. Wojtas (ND IL 1985) 611 F.Supp 118; US v. Sato (ND IL 1989) 704 F.Supp 816 (the Constitutional provision that Congress will have exclusive authority over DC only means that no state govt has authority over DC but it does not limit Congress's authority to make laws, including tax laws, only to DC); O.L. Brown v. CIR (2/9/97) TC Memo 1987-78 (judge declined to buy a copy); Spoelman v. Hummel (WD Mich unpub 5/26/89); US v. Stahl (9th Cir 1986) 792 F2d 1438 cert.den 479 US 1036; Spoelman v. Hummel (WD Mich unpub 5/26/89); {Note: The argument in "The Law That Never Was" by Benson & Beckman is a 1913 legal memo worked up for the Sec. of State by the Solicitor of the State Dept regarding the ratifications received from state legislatures for the proposed 16th amendment, noticing that several of these notifications contained tiny typos in reprinting the text of the proposed amendment. The Solicitor advised that, as a state could not amend or change the proposed text but only vote for or against ratification, and that the proposed amendment was available to members of all the legislatures in a number of published copies - most without any typos, and it is not known whether these typos existed in the copies seen by the members of the legislatures before they voted (no state govt ever complained that its vote on ratification would have gone different without the typos), and certainly the ratifications of previous and undoubted amendments also had similar flaws, that the notification of favorable ratifying votes is binding on the Sec of State, etc., it is presumed that all the votes were taken on the correct and proper text and therefore the ratifications are all valid and sufficient to adopt the amendment. The Sec. of State agreed. Contrary to the claims made by Benson & Beckman, there is no evidence that any ratification of any amendment was ever invalidated because of some typo in repeating the proposed amendment, and in fact there is a distinct shortage of precedents for invalidating an Act of Congress because of a comparable typo distinguishing the bills adopted by the House and the Senate. The book was dealt with in detail in US v. Thomas (7th Cir 1986) 788 F2d 1250 cert.den 479 US 853, and one of the co-authors tried to revive the rejected argument simply because he had written that book in US v. Benson (7th Cir 1991) 941 F2d 598, both times the court held that the validity of the adoption of the 16th Amendment was "beyond review".}
other: Coleman v. CIR (7th Cir 1986) 791 F2d 68 (non-specific); M.J. Beckman v. Battin (D Mont 1995) 926 F.Supp 971 [the other author of Law/Never](tried to sue judge for not declaring 16th Amendment invalid) aff'd Beckman v. Greenspan (9th Cir 1996) 83 F3d 426(t), {Martin J. "Red" Beckman, after losing a major battle with the IRS, has become an advocate for truly nutty schemes, including a "law of grammar" system for interpreting the law, jury nullification, and anti-Jewish propaganda, Wall Street Journal, 5/25/95 p.A1}; R.L. Keys v. CIR (9/26/85) 50 TC Memo 1985-507 & P.O. Keys v. CIR (9/26/85) TC Memo 1985-508 (both threatened judge with criminal prosecution for not declaring 16th Amdmt invalid); US v. G.D. Bell (ED Cal unpub 4/30/97) 79 AFTR2d 2784 recons.den 27 F.Supp.2d 1191 (threatened to sue the judge); (suing Clinton, some Congressmen, some other officials, and Rush Limbaugh to make them all declare that the 16th Amendment is invalid) Wells v. Clinton (WD NC unpub 11/15/96) 79 AFTR2d 602 aff'd (4th Cir unpub 6/19/97) 116 F3d 1474(t); Sisk v. CIR (6th Cir 1986) 791 F2d 58; Knoblauch v. CIR (5th Cir 1984) 749 F2d 200 cert.den 474 US 830; US v. Wodtke (ND Iowa 1985) 627 F.Supp 1034 aff'd 871 F2d 1092; Cauvel v. CIR (10/10/89) TC Memo 1989-547; US v. Ferguson (7th Cir 1986) 793 F2d 828 cert.den 479 US 933; Betz v. US (2/3/98) 40 Fed.Claims 286, 81 AFTR2d 611, 98 USTC para 50199 app.dism (FC 1998) 155 F3d 568(t); Axmann v. Ponte (D Neb unpub 1/4/89) 89 USTC para 9306, 63 AFTR2d 966 aff'd 892 F2d 761; (mentioning this argument pointlessly raised in a narcotics prosecution) US v. Norris (4th Cir unpub 2/20/98) 135 F3d 771(t); (tried to deny that the 14th amendment was validly adopted, court held this was a political question which the courts could not consider and which the other branches of govt had settled decisively) US v. R.J. McDonald (9th Cir unpub 10/4/90) 919 F2d 146(t) cert.den 499 US 928; "At the outset, we note that the 16th Amendment has been in existence for 73 years and have been applied by the Supreme Court in countless cases. While this alone is not sufficient to bar judicial inquiry, it is very persuasive on the question of validity. ... Thus, we would require, at this late hour, an exceptionally strong showing of unconstitutional ratification." US v. Foster (7th Cir 1986) 789 F2d 457 cert.den 479 US 883; (tax protester arguments about the adoption of the 16th Amendment, repeating arguments made in "The Law That Never Was", are by now so stale and so long and thoroughly rejected that the court is justified in imposing sanctions amounting to a fine of $5000 and double the usual costs and damages) Pollard v. CIR (11th Cir 1987) 816 F2d 603. The court in a tax fraud case refused to take judicial notice of what were alleged to be thousands of documents, none of them placed in evidence, which were supposedly filed in unspecified courts elsewhere which substatiated in some unspecified way that the Sixteenth Amendment had not been properly ratified. US v. Sugarman (4th Cir unpub 7/31/86) 21 Fed.R.Evid.Serv 379;
The court in a tax fraud case refused to take judicial notice of what were alleged to be thousands of documents, none of them placed in evidence, which were supposedly filed in unspecified courts elsewhere which substatiated in some unspecified way that the Sixteenth Amendment had not been properly ratified.
the leading case; held that the Sec of State's 1913 proclamation of the adoption of the 16th Amendment is conclusive and "is now beyond review
the Constitutional provision that Congress will have exclusive authority over DC only means that no state govt has authority over DC but it does not limit Congress's authority to make laws, including tax laws, only to DC); O.L. Brown v. CIR (2/9/97) TC Memo 1987-78 (judge declined to buy a copy); Spoelman v. Hummel (WD Mich unpub 5/26/89); US v. Stahl (9th Cir 1986) 792 F2d 1438 cert.den 479 US 1036; Spoelman v. Hummel (WD Mich unpub 5/26/89); {Note: The argument in "The Law That Never Was" by Benson & Beckman is a 1913 legal memo worked up for the Sec. of State by the Solicitor of the State Dept regarding the ratifications received from state legislatures for the proposed 16th amendment, noticing that several of these notifications contained tiny typos in reprinting the text of the proposed amendment.
At the outset, we note that the 16th Amendment has been in existence for 73 years and have been applied by the Supreme Court in countless cases. While this alone is not sufficient to bar judicial inquiry, it is very persuasive on the question of validity.
Article V. -
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Thanks for piping up, TA.I've received PMs from others who'd rather not be subject to ridicule.
Parados, right in the source you provided:
Quote:What is the point in exemplifying this decision, absent consideration of the evidence brought? Clearly, it is to discourage others from using the tactic, but that in no way proves the tactic invalid.The court in a tax fraud case refused to take judicial notice of what were alleged to be thousands of documents, none of them placed in evidence, which were supposedly filed in unspecified courts elsewhere which substatiated in some unspecified way that the Sixteenth Amendment had not been properly ratified.
1. Thomas is a tax protester, and one of his arguments is that he did not need to file tax returns because the sixteenth amendment is not part of the constitution. If was not properly ratified, Thomas insists, repeating the argument of W. Benson & M. Beckman, The Law That Never Was (1985). Benson and Beckman review the documents concerning the states' ratification of the sixteenth amendment and conclude that only four states ratified the sixteenth amendment; they insist that the official promulgation of that amendment by Secretary of State Knox in 1913 is therefore void.
Benson and Beckman did not discover anything; they rediscovered something that Secretary Knox considered in 1913. Thirty-eight states ratified the sixteenth amendment, and thirty-seven sent formal instruments of ratification to the Secretary of State. (Minnesota notified the Secretary orally, and additional states ratified later; we consider only those Secretary Knox considered.) Only four instruments repeat the language of the sixteenth amendment exactly as Congress approved it. The others contain errors of diction, capitalization, punctuation, and spelling. The text Congress transmitted to the states was: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." Many of the instruments neglected to capitalize "States," and some capitalized other words instead. The instrument from Illinois had "remuneration" in place of "enumeration"; the instrument from Missouri substituted "levy" for "lay"; the instrument from Washington had "income" not "incomes"; others made similar blunders.
Thomas insists that because the states did not approve exactly the same test, the amendment did not go into effect. Secretary Knox considered this argument. The Solicitor of the Department of State drew up a list of the errors in the instruments and--taking into account both the triviality of the deviations and the treatment of earlier amendments that had experienced more substantial problems--advised the Secretary that he was authorized to declare the amendment adopted. The Secretary did so.
Although Thomas urges us to take the view of several state courts that only agreement on the literal text may make a legal document effective, the Supreme Court follows the "enrolled bill rule." If a legislative document is authenticated in regular form by the appropriate officials, the court treats that document as properly adopted. Field v. Clark, 143 U.S. 649, 36 L. Ed. 294, 12 S. Ct. 495 (1892). The principle is equally applicable to constitutional amendments. See Leser v. Garnett, 258 U.S. 130, 66 L. Ed. 505, 42 S. Ct. 217 (1922), which treats as conclusive the declaration of the Secretary of State that the nineteenth amendment had been adopted. In United States v. Foster, 789 F.2d. 457 (7th Cir. 1986), slip op. 10-12 & n.6, we relied on Leser, as well as the inconsequential nature of the objections in the face of the 73-year acceptance of the effectiveness of the sixteenth amendment, to reject a claim similar to Thomas's. See also Coleman v. Miller, 307 U.S. 433, 83 L. Ed. 1385, 59 S. Ct. 972 (1939) (questions about ratification of amendments may be nonjusticiable). Secretary Knox declared that enough states had ratified the sixteenth amendment. The Secretary's decision is not transparently defective. We need not decide when, if ever, such a decision may be reviewed in order to know that Secretary Knox's decision is now beyond review.
This is bunk. The SC does not examine laws for lawfulness until specifically asked to do so... and even then, since they're Human, tend to weigh arguments against each other... rather than dive headlong into doing the research for themselves. This argument is a naked fallacious appeal to antiquity, even while being asked to examine said history. The consequence is a circular argument against the respective plaintiffs with the full authority of the courts. Hence, the more often they rule in consideration of possibly faulty precedents; the more examples you have to pretend the issues have been thoroughly, repeatedly revisited in detail... which of course they haven't.
OCCOM BILL wrote:Thanks for piping up, TA.I've received PMs from others who'd rather not be subject to ridicule.
Parados, right in the source you provided:
Quote:What is the point in exemplifying this decision, absent consideration of the evidence brought? Clearly, it is to discourage others from using the tactic, but that in no way proves the tactic invalid.The court in a tax fraud case refused to take judicial notice of what were alleged to be thousands of documents, none of them placed in evidence, which were supposedly filed in unspecified courts elsewhere which substatiated in some unspecified way that the Sixteenth Amendment had not been properly ratified.
I think the court refused to consider the evidence NOT presented.
You could go bring up the case and read it to be sure.
parados wrote:That is not the way I read that, but it matters little. Either it was argued incompetently, or the evidence was denied. Lousy precedent either way, don't you think?OCCOM BILL wrote:Thanks for piping up, TA.I've received PMs from others who'd rather not be subject to ridicule.
Parados, right in the source you provided:
Quote:What is the point in exemplifying this decision, absent consideration of the evidence brought? Clearly, it is to discourage others from using the tactic, but that in no way proves the tactic invalid.The court in a tax fraud case refused to take judicial notice of what were alleged to be thousands of documents, none of them placed in evidence, which were supposedly filed in unspecified courts elsewhere which substatiated in some unspecified way that the Sixteenth Amendment had not been properly ratified.
I think the court refused to consider the evidence NOT presented.
You could go bring up the case and read it to be sure.
As for not reading; hell no I haven't traced every case... but I've read everything you've quoted and your case remains unproven. (When you opted to take the extreme position of certainty, the burden of proof transferred to you.)
My point is; whether this film's accusations can be proven accurate or not; the resulting questions, research and debates can only lead to greater public awareness,
The argument also includes at least one State who's State Constitution provides that any such ratification must be delayed until a State Election has been held, in order to give the State's constituents their right to opine through their votes
Quote:
As for not reading; hell no I haven't traced every case... but I've read everything you've quoted and your case remains unproven. (When you opted to take the extreme position of certainty, the burden of proof transferred to you.)
As opposed to your extreme position of certainty that the courts have never loooked at the evidence?
For someone that said
Quote:My point is; whether this film's accusations can be proven accurate or not; the resulting questions, research and debates can only lead to greater public awareness,
parados wrote:you have done no research and refused to listen to the answers when you are given a roadmap of how to find them. This is not about greater awareness Bill. This is about you wanting to believe so badly that you refuse to look at any evidence to the contrary and continue to be duped by claims of the tax protestors.This is the type of idiotic BS that usually precludes my deciding to ignore you. I've explained the depth I'm willing to research this and could hardly care less whether or not that is satisfactory to you. While I find the topic quite interesting, sifting through hundreds, if not thousands, of pages of legal-speak I do not find interesting. At no point did I claim any veracity in any of the protesters claims, beyond the FACT that I haven't seen undeniable proof they are false. Since you've made your certainty abundantly clear, feel free to prove it. Any more BS about what I want to believe so bad or having been duped, and I'll likely ignore you from here on out. That type of unwarranted BS is as asinine as it is tiresome. You're a smart man Parados... grow the F*** up already, will ya?