OCCOM BILL
 
  1  
Reply Sat 6 Jan, 2007 02:01 pm
Then you understood his point just fine. What I don't understand, is why tax protester's argument's are so insistently deemed unworthy of discussion... even from a philosophical standpoint. It wasn't so very long before that we still couldn't agree slavery was wrong. Even then Indians, Blacks, Chinese, Japanese, and Women still aren't allowed to vote. It's not as if legislators and courts alike weren't rife with judicial prejudice. While it is obviously accepted law, I find the 16th amendment arguments quite compelling, at least from a philosophical perspective.
0 Replies
 
parados
 
  1  
Reply Sat 6 Jan, 2007 03:44 pm
Their arguments are deemed unworthy because the have been examined and found to be unworthy.

The 16th amendment arguments are crap. If we allowed them to make such arguments then we could argue that slavery is not really illegal in the US because the original constitution says slaves are 3/5 of a person. We could argue that Clinton could run for a 3rd term because the original contains no restriction.

The constitution is amended. The constitution allows for amendments. The constitution says that all amendments become part of the constitution. Do you accept what the constitution says or not? You can't have it both ways. You can't argue that the original must be looked at and then ignore the part in the original that allows for amendments. The 16th amendment arguments fail on a logical and a legal standpoint. There is nothing compelling about them other than the fascination of how people can be so gullible.

Russo is doing nothing but recycling tax protester arguments. Arguments that have always been without merit and always will be without merit. They don't survive the simplest of logic tests.
0 Replies
 
OCCOM BILL
 
  1  
Reply Sat 6 Jan, 2007 04:22 pm
I heard you the first 10 times you arrogant fool. That the arguments were rejected hardly makes them devoid of conversational interest. There are no shortage of instances of the SC contradicting itself... and may again soon with R Vs W. Your ongoing thought stifling pronouncements that the arguments have been heard in no way makes the history any less interesting. Get over the right/wrong aspect... I don't require convincing, let alone your childish insistence that my interest somehow means I'm gullible enough to mount Russo's argument in a court of Law. I do however think some of the history of the time may well have included some dirty pool and your blanket denial of the possibility reflects arrogance, not wisdom.
0 Replies
 
parados
 
  1  
Reply Sat 6 Jan, 2007 04:46 pm
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.)
0 Replies
 
TTH
 
  1  
Reply Sat 6 Jan, 2007 08:38 pm
Now you two play nice. No name calling and you both have points. One is just better than the other. I will not say which one that way I will not be in the middle.
0 Replies
 
OCCOM BILL
 
  1  
Reply Sun 7 Jan, 2007 01:38 am
parados wrote:
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.)
Not having verified the individual States ratification for myself, I can neither verify that it has or hasn't been done. I saw no such evidence in any of the links you provided. 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... and further that this delay didn't take place. I have neither read that State's constitution nor seen evidence of this being false in anything you've provided. Mind you; I'm not suggesting any of the arguments are valid, necessarily, but blanket assessments that a court ruled that way is insufficient proof of same and hardly constitutes certainty.

Plausible evidence is denied admission in courts routinely, every day. Allowing or disallowing evidence is a judgment call and is neither guaranteed correct nor fair. Flawed cases have been won and excellent cases lost through procedural errors alone, a zillion times... and the plaintiffs in question seem to have an unwise habit of representing themselves. Your assessment that none of their arguments have any merit at all, simply because they haven't succeeded is as naive as it is arrogant... though I apologize for including the word "fool" in my last post.

From what I've read, including the cases you provided, the courts have ruled without even allowing the inclusion of some points for consideration... simply because of a precedent case, that may or may not have been properly argued or fairly inclusive. Now I understand the necessity to not revisit every facet, every time... but I am not convinced the SC has given the matter it's due consideration, since I can ill imagine a more important subject. Nor do I understand why the IRS and DOJ wouldn't endeavor to publish a more comprehensive rebuttal to arguments that no doubt cost them money, whether they have merit or not. Now since the lower courts have not unanimously ruled against some of these arguments, because juries have occasionally rejected the merit of prosecutors cases, precisely because of the doubts raised by the conspiracist's theory's... I'm left with little choice but to consider the possibility of their arguments having some merit. In the absence of absolute proof, I consider the logical position to be an absence of absolute certainty.

I know I don't have time to research all of this stuff myself, and doubt you have the time (or desire for that matter) to either. As is frequently the case, when in over my head and still curious about a subject; I turn to A2K. Frequently, I gain insight from other's experiences and research. Unfortunately, I also have to put up with arrogant people(:wink:), who think it's more entertaining to incite than provide insight. To be fair, you tend towards both. At the end of the day; there is plenty of interesting subjects broached by the linked film and I think it a pity we aren't discussing those... as opposed to your penchant to ridicule. You've made it abundantly clear that you don't find the actual ideas proposed interesting enough to discuss, so why persist with your repetitious thought discouraging pronouncements? I notice even the normal conspiracy buffs are absent; likely out of a desire to not be ridiculed by the likes of you.

I like the new avatar TTH. Very pretty.
0 Replies
 
TTH
 
  1  
Reply Sun 7 Jan, 2007 02:23 am
Thank you. I needed a change.
0 Replies
 
parados
 
  1  
Reply Sun 7 Jan, 2007 08:40 am
Since you haven't read the court rulings on this Bill how can you claim the evidence hasn't been examined?

Let me repeat my posting from earlier..

Quote:
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;
source
I suggest you start with this case Bill

US v Thomas
0 Replies
 
Tryagain
 
  1  
Reply Sun 7 Jan, 2007 09:23 am
0 Replies
 
parados
 
  1  
Reply Sun 7 Jan, 2007 09:37 am
Tryagain,

Are you saying we the people don't have any control over the constitution?

We the people voted for everyone that voted for that amendment and every other amendment. You might not like the outcome but don't claim the people had no say in the process. We the people also voted in those that passed the income tax law and have changed it almost every year.

It might be great rhetoric to claim "we the people" have no say in what happens in the US but the reality is we do get the opportunity to vote and we do end up with the government that we vote for or at the very least we get the government we fail to vote against.
0 Replies
 
Tryagain
 
  1  
Reply Sun 7 Jan, 2007 03:36 pm
0 Replies
 
OCCOM BILL
 
  1  
Reply Sun 7 Jan, 2007 07:14 pm
Thanks for piping up, TA. Smile I've received PMs from others who'd rather not be subject to ridicule.

Parados, right in the source you provided:
Quote:
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.
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.

Quote:
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
Beyond review? Shocked What an absurd position to take. In this country it is not only permissible to question our leaders; it is our responsibility.

Quote:
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.
This is not a comprehensive assessment of the protester's complaints, but it is now treated as if it was. Attempts to attack from alternate angles are routinely denied and now even cause to be fined for frivolity… all to the detriment of assessing the truth, whatever it may be.
From the cases being touted as "precedent"
Quote:
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.
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. This distinction is a fine one. To the extent the IRS, DOJ, or the vast majority of the general public who pay their taxes is concerned, the matter is settled, and in a sufficient manner to convict tax cheats. Likewise, the courts have barricaded the entrance to the arguments to prevent it from being revisited.

What your arrogant certainty discounts, is the narrow possibility that the courts have erred... perhaps even intentionally. Common sense tells us that if this were the case, it would be of little consequence to the tax payer, because the Fed could obviously not afford to reimburse the ill gotten gains. Obviously, the end result would be to simply go through the motions again and produce a new, clearly defined law that would effectively accomplish the same thing. It is this realization that tells us Joe Citizen has nothing to gain. Conversely, such a possibility would be a bureaucratic nightmare of epic proportion for the Federal government. If the SC or even lower courts were to realize such; wouldn't the most logical course be to ignore the error and proceed as if it didn't exist? Is it impossible that this is the reasoning behind denying admission of arguments that have indeed proven successful in lower courts? After all, who but the Tax Cheat stands anything to gain?

Now consider the argument against the Federal Reserve... and the fact that it's funded by the United States Taxpayer to his detriment. Any damn fool knows that interest on our National Dept results in the devaluation of our currency just as surely as printing additional money does. We choose to do both… but I contend that "we" does not in fact encompass Joe citizen's desire. You imply that the people get to choose our government's fiscal path through their votes, but do they? Is there any doubt in your mind what the result of a balanced budget referendum would be?

Meanwhile, our Two Party System has enacted numerous Laws to protect itself to the mutual benefit of the politicians Vs. the people they supposedly represent. How could anyone, in good conscience, pretend that this isn't so? Or that the ramifications of same doesn't include a reduction in the Power of the People over the system that supposedly works for them?

The system itself is in the ongoing, inevitable process of turning on its master (us). It seems awareness has to be the first step in reversing this process. A demand for transparent, universally understood use and procurement of the system's means is the most universally understandable aspect of it, so attacking or counter-attacking on that front seems the most logical path. Now you can write that off as the greed of the Tax Cheat, and not be at all wrong, but that isn't the end of the equation.

When Larry Flint fought for his right to peddle smut, the result was greater protections against government intrusion for us all. If a movement such as "We the People" were to succeed at exposing foul-play, to any degree, the result would be a reduction of the system's power over the people, which is of course, the polar opposite of our forefather's vision in the first place.

Ross Perot failed to win an election on the premise that government corruption, waste and unaccountability needed to be addressed. Even in his failure, he succeeded at pushing the deficit issue to the forefront. 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, which can only be viewed as a good thing. Had the system a personality, I'm sure it would appreciate Parados' mind numbing ridicule of the proponents aligned against it.
0 Replies
 
parados
 
  1  
Reply Sun 7 Jan, 2007 08:58 pm
Tryagain,
I have never voted to make murder illegal. I have never voted to make theft illegal. I have never voted to make driving without a license illegal. I have never voted that immigrants must apply to the US before they come here. The list goes on and on.

The fact that I haven't voted on any of those things does not negate the fact that I have voted in every election since I became old enough to do so. Nor does it change the fact that the people elected in those elections voted to make laws. I can't think of any laws that every person in the US voted on, can you?

The people have a say every time an election rolls around. We elect people to pass laws. Did you vote in the last election? Why did you vote? Weren't you making a statement about what you wanted the government to do? Did you discuss the election and the issues with anyone? Did you debate who would do a better job in office? You have a say in stopping the income tax every time you vote. Vote for a candidate that proposes to end the income tax. The fact that most people don't vote with you doesn't mean you didn't have the opportunity to vote or a say in who is elected. The people are consulted every time we hold an election. Don't like a law then stand for election or work to get someone defeated.

As for people voting on amendments, there is no requirement that they do so in the constitution.
Quote:
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.



The Supreme court has interpreted the constitution that an election on a amendment can not substitute for a constitutional convention.
0 Replies
 
parados
 
  1  
Reply Sun 7 Jan, 2007 09:08 pm
OCCOM BILL wrote:
Thanks for piping up, TA. Smile I've received PMs from others who'd rather not be subject to ridicule.

Parados, right in the source you provided:
Quote:
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.
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.



I think the court refused to consider the evidence NOT presented.

You could go bring up the case and read it to be sure.
0 Replies
 
parados
 
  1  
Reply Sun 7 Jan, 2007 09:33 pm
You didn't look at the specific case I directed you to, did you Bill. I suggested you start there for a specific reason.

This is from 1986. US v Thompson (7th circuit)
It says..
Quote:
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.



It seems the court did examine which versions were ratified by which states. It examined them and found the errors to be minor ones of capitalization and punctution.
0 Replies
 
parados
 
  1  
Reply Sun 7 Jan, 2007 09:42 pm
Quote:
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.


I know you are human Bill. I realize that you haven't dived into any research. I am trying to help you here but you keep wanting to make the same argument about the courts not looking at the evidence. Meanwhile you haven't looked at what the courts actually did look at.

The only one pretending is you Bill. You keep pretending that you can claim you know what the courts didn't examine while never having looked at it.
0 Replies
 
OCCOM BILL
 
  1  
Reply Sun 7 Jan, 2007 10:37 pm
parados wrote:
OCCOM BILL wrote:
Thanks for piping up, TA. Smile I've received PMs from others who'd rather not be subject to ridicule.

Parados, right in the source you provided:
Quote:
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.
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.



I think the court refused to consider the evidence NOT presented.

You could go bring up the case and read it to be sure.
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?

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.)
0 Replies
 
parados
 
  1  
Reply Mon 8 Jan, 2007 07:50 am
OCCOM BILL wrote:
parados wrote:
OCCOM BILL wrote:
Thanks for piping up, TA. Smile I've received PMs from others who'd rather not be subject to ridicule.

Parados, right in the source you provided:
Quote:
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.
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.



I think the court refused to consider the evidence NOT presented.

You could go bring up the case and read it to be sure.
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?
What precedent? I don't see any precedent in the case. It is a very minor case in which a tax protestor claimed to have evidence, never produced it and was convicted. It is hardly a precedent in that case for the court to ignore evidence never presented originally and still not produced on appeal. The appeals court didn't even write an opinion on the case so it can hardly be precedent. Can you honestly say in this case that the courts refused to look at evidence brought before them? The perp was an idiot that argued "I have all this evidence but I don't have to show you" and then he appealled when the court decided to only look at the evidence it was shown. Do you really want to argue on his side in this case when you are arguing here on this board that I have failed to produce enough evidence yet?

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,

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.

For instance ..
Quote:
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

The 16th amendment was passed by Congress in 1909. By 1913 when it was declared to have been adopted with 36 states accepting it, 40 states had actually voted for it. Within the next month a total of 42 states had voted for it and only 4 voted against it. 2 states voted for it after first rejecting it. 2 states never voted at all

Wiki - 16th amendment

Which state are you arguing didn't have an election in the time frame of when it was sent to the states and its final adoption? Certainly states were free to rescind their ratification. Lets examine the question rather than raising vague charges. Cite the state and we can look at their constitution, when they ratified it and when they held an election.


Sorry Bill. The argument of the tax protestors is if they throw enough **** in the air some of it will seem plausible to people that haven't looked at them. The claim that the courts never looked at the evidence is one example. The basis of that argument is "if you don't believe the way I do then you haven't looked at the evidence." The courts examined the 16th amendment argument as laid out in Benson's book. They looked at the specifics of it. They came to the same conclusion that Secretary Knox did. The courts have reaffirmed that conclusion. Please point to the specifics of what they failed to examine. No vague arguments please.
0 Replies
 
OCCOM BILL
 
  1  
Reply Mon 8 Jan, 2007 08:42 am
parados wrote:
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?
You are becoming quite boring... no, make that aggravating with this "I know you are but what am I" BS. I didn't say the courts NEVER looked at the evidence. I pointed out that after you insisted they have looked at ALL the evidence, many times, you failed to back it up. I will not take over YOUR burden because I've taken no extreme position, nor made any claim to know one way or another. I've yet to see you furnish any documents of State constitutions to PROVE that argument false, and if you've furnished any document that even addressed it; I must have missed it. If you don't even know which State, then I'm inclined to think you never even watched the damn thing and are arguing from ignorance, which would surprise me not at all. You have a penchant for arguing for the sake of arguing... and trying to get someone else to disprove your statements of certainty. Had you been paying any attention at all; you'd pay heed to the fact that I've referred to the piece as a crockumentary more than once. Does that translate to "true believer" in your language? Or do you just enjoy ridiculing for the sake of ridicule, too?

parados wrote:
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.
Rolling Eyes 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?
0 Replies
 
Setanta
 
  1  
Reply Mon 8 Jan, 2007 09:32 am
Tryagain wrote:


We have a republican government--that means representative democracy, and that means that the people, represented by their elected representatives in Congress assembled, virtually assent to measures passed by the Congress. If measures passed by the Congress are sufficiently odious to the people, those who object in sufficient numbers elect someone else. That's how it works, that's how it has always worked.

Your argument is bootless--here, have a crême brulée with a nice kiwi fruit garnish . . .
0 Replies
 
 

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