Showing posts with label know your rights. Show all posts
Showing posts with label know your rights. Show all posts

Saturday, August 24, 2013

NY Times Reports on Sovereign Movement & UCC

NY Times Reports on Sovereign Movement & UCC
August 24, 2013
http://www.nytimes.com/2013/08/24/us/citizens-without-a-country-wage-battle-with-liens.html?nl=todaysheadlines&emc=edit_th_20130824&_r=1

No such thing as bad press right? ~BK

In Paper War, Flood of Liens Is the Weapon

MINNEAPOLIS — One of the first inklings Sheriff Richard Stanek had that something was wrong came with a call from the mortgage company handling his refinancing.

“It must be a mistake,” he said, when the loan officer told him that someone had placed liens totaling more than $25 million on his house and on other properties he owned.

But as Sheriff Stanek soon learned, the liens, legal claims on property to secure the payment of a debt, were just the earliest salvos in a war of paper, waged by a couple who had lost their home to foreclosure in 2009 — a tactic that, with the spread of an anti-government ideology known as the “sovereign citizen” movement, is being employed more frequently as a way to retaliate against perceived injustices.

Over the next three years, the couple, Thomas and Lisa Eilertson, filed more than $250 billion in liens, demands for compensatory damages and other claims against more than a dozen people, including the sheriff, county attorneys, the Hennepin County registrar of titles and other court officials.

“It affects your credit rating, it affected my wife, it affected my children,” Sheriff Stanek said of the liens. “We spent countless hours trying to undo it.”

Cases involving sovereign citizens are surfacing increasingly here in Minnesota and in other states, posing a challenge to law enforcement officers and court officials, who often become aware of the movement — a loose network of groups and individuals who do not recognize the authority of federal, state or municipal government — only when they become targets. Although the filing of liens for outrageous sums or other seemingly frivolous claims might appear laughable, dealing with them can be nightmarish, so much so that the F.B.I. has labeled the strategy “paper terrorism.” A lien can be filed by anyone under the Uniform Commercial Code.

Occasionally, people who identify with the movement have erupted into violence. In Las Vegas this week, the police said that an undercover sting operation stopped a plot to torture and kill police officers in order to bring attention to the movement. Two people were arrested. In 2010, two police officers in Arkansas were killed while conducting a traffic stop with a father and son involved in the movement.

Mostly, though, sovereign citizens choose paper as their weapon. In Gadsden, Ala., three people were arrested in July for filing liens against victims including the local district attorney and Treasury Secretary Jacob J. Lew. And in Illinois this month, a woman who, like most sovereign citizens, chose to represent herself in court, confounded a federal judge by asking him to rule on a flurry of unintelligible motions.

“I hesitate to rank your statements in order of just how bizarre they are,” the judge told the woman, who was facing charges of filing billions of dollars in false liens.

“The convergence of the evidence strongly suggests a movement that is flourishing,” said Mark Pitcavage, the director of investigative research for the Anti-Defamation League. “It is present in every single state in the country.”

The sovereign citizen movement traces its roots to white extremist groups like the Posse Comitatus of the 1970s, and the militia movement. Terry L. Nichols, the Oklahoma City bombing conspirator, counted himself a sovereign citizen. But in recent years it has drawn from a much wider demographic, including blacks, members of Moorish sects and young Occupy protesters, said Detective Moe Greenberg of the Baltimore County Police Department, who has written about the movement.

The ideology seems to attract con artists, the financially desperate and people who are fed up with bureaucracy, Mr. Pitcavage said, adding, “But we’ve seen airline pilots, we’ve seen federal law enforcement officers, we’ve seen city councilmen and millionaires get involved with this movement.”

Sovereign citizens believe that in the 1800s, the federal government was gradually subverted and replaced by an illegitimate government. They create their own driver’s licenses and include their thumbprints on documents to distinguish their flesh and blood person from a “straw man” persona that they say has been created by the false government. When writing their names, they often add punctuation marks like colons or hyphens.

Adherents to the movement have been involved in a host of debt evasion schemes and mortgage and tax frauds. Two were convicted in Cleveland recently for collecting $8 million in fraudulent tax refunds from the I.R.S. And in March, Tim Turner, the leader of one large group, the Republic for the united States of America, was sentenced in Alabama to 18 years in federal prison. (His group does not capitalize the first letter in united.)

Sovereign citizens who file creditor claims are helped by the fact that in most states, the secretary of state must accept any lien that is filed without judging its validity.

The National Association of Secretaries of State released a report in April on sovereign citizens, urging state officials to find ways to expedite the removal of liens and increase penalties for fraudulent filings. More than a dozen states have enacted laws giving state filing offices more discretion in accepting liens, and an increasing number of states have passed or are considering legislation to toughen the penalties for bogus filings.

The Eilertsons, who were charged with 47 counts of fraudulent filing and sentenced in June to 23 months in prison, were prosecuted under a Minnesota law that makes it a felony to file fraudulent documents to retaliate against officials. John Ristad, an assistant Ramsey County attorney who handled the case, said he believed the Eilertsons were the first offenders to be prosecuted under the law. “It got me angry,” he said, “because at the end of the day, these two are bullies who think they can get their way by filing paper.”

The liens were filed against houses, vehicles and even mineral rights. In an affidavit, the Hennepin County examiner of titles said that in a conversation with the Eilertsons about their foreclosure, one of them told her, “We’re gonna have to lien ya.” The examiner later found that a lien for more than $5.1 million had been placed on her property.

If the purpose was to instill trepidation, it worked. Several county and state officials said in interviews that they worried that they might once again find themselves in the crosshairs. One state employee said it was scarier to engage with offenders who used sovereign citizen tactics than with murderers, given the prospect of facing lawsuits or fouled credit ratings.

Like many who identify with the ideology, the Eilertsons learned the techniques of document filing online from one of many sovereign citizen “gurus” who offer instruction or seminars around the country.

In hours of recorded conversation found by the authorities on their computer, the Eilertsons consulted with a man identified on the recordings as Paul Kappel, learning what he called “death by a thousand paper cuts.”

Mr. Eilertson, interviewed at the state prison in Bayport, Minn., denied being anti-government or belonging to any movement. But he was familiar with the names of some figures associated with sovereign citizen teachings, including an activist named David Wynn Miller, who Mr. Eilertson said was “ahead of his time.” (Mr. Miller writes his name as David-Wynn: Miller.)

Mr. Eilertson, who had no previous criminal record, said his actions were an effort to fight back against corrupt banks that had handed off the couple’s mortgage time after time and whose top executives never faced consequences for their actions.

“It seemed like we were being attacked every day,” he said. “We needed some way to stop the foreclosure.

“We tried to do our part with as much information as we had available,” he said, though he conceded that “it kind of got out of control eventually.”

Monday, July 22, 2013

Mary Elizabeth Croft: How I Clobbered Every Bureaucratic Cash-confiscatory Agency Known to Man


Mary Elizabeth Croft: How I Clobbered Every Bureaucratic Cash-confiscatory Agency Known to Man
July 22, 2013

This is the book Kiri has used to educate herself on her legal lawful rights. ~BK


Here is a passage from the book. I started reading tonight and its incredible!

“Do not believe on the strength of traditions even if they have been held in honour for many generations and in many places; do not believe anything because many people speak of it; do not believe on the strength of sages of old times; do not believe that which you have yourselves imagined, thinking that a god has inspired you. Believe nothing which depends only on the authority of your masters or of priests. After investigation, believe that which you have yourselves tested and found reasonable, and which is for your good and that of others.”


Friday, July 19, 2013

AMAZING INTERVIEW -- The Sound of Freedom w/Gwen Caldwell & Miles -- FLASH MOB


AMAZING INTERVIEW -- The Sound of Freedom w/Gwen Caldwell & Miles -- FLASH MOB
July 19, 2013


This is one of the most informative interviews I have heard to date, as far as knowing your rights are concerned. Miles is a close personal friend and contact of Heather Ann Tucci-Jarraf. He is getting ready to face his 41st hearing in two years. Every time he goes up against the court it's the same story, they refuse to answer his questions, which puts the court in default. Basically, Miles is the court's worst nightmare. 

As I've said in previous posts, knowing our rights, is of paramount importance at this juncture in human history. When we don't, we can be guaranteed that the system will use our ignorance against us in every way possible. When we remember our rights our ours to give away, we have the power whether we consent to forfeit them, or not. I've included an excerpt from the interview below on how to handle an officer if you get pulled over for a traffic ticket, as a taste of the kind of juicy data shared by Miles. 

Miles needs all the support he can possibly get as he faces the system next week for the 41st time in two years. It's time for another FLASH MOB! 

District Judge: Michael A. Simon
503-326-8380

Courtroom Deputy: Mary Ostad
503-326-8034

Court Reporter: Dennis Obadaka
503-326-8182

This is what to say when they answer: 

I understand the prosecution, the DOJ, is in default and will not answer any discoverable questions, under penalty of perjury for case 3.11-cr-00378-si. I understand he has reserved and asserted his unalienable rights, without prejudice and the court appears to continue moving forward. I and hundreds of others have been alerted and are contacting the judicial oversight committee, BAR association, Oregon Congress and State representatives and YOUR insurance carrier. What principal of law are you using to proceed? 


Example of  what you can say when you get pulled over (NOTE: this is not a suggestion merely an example of what others have said to protect themselves from being taken advantage of by alleged officers of the state. This blog nor this writer are not responsible for the outcome, or repercussions which may ensue as a result): 

Officer: License and registration please...
You: I reserve all my rights without prejudice. Am I being detained?

Officer: You have to answer my questions, its mandatory!

You: I can’t answer any of your questions. It would violate the religious dictates of my conscience. 1st Amendment; congress cannot pass anything that abrogates my religious right. 

There is no such thing as mandatory, I’ve reserved all my rights. (Don’t give them any of your information. It’s all evidence that you are the corporation.) (If they try to force you to sign it, just make sure to sign without prejudice above your signature.)

Officer: You have to do what I say!

You: I reserve all my rights without prejudice. I assert the 5thamendment, I don’t want to testify against myself. Am I being detained? Am I free to go? 



Tuesday, July 16, 2013

Legal Proof Paying Taxes is VOLUNTARY -- Challenging the IRS -- Know Your Rights



Legal Proof Paying Taxes is VOLUNTARY -- Challenging the IRS -- Know Your Rights
July 16, 2013

This outstanding piece of work was sent to me back on June 15th. I've fallen a bit behind on email over the last month or two, so I must have missed it somehow. It's funny that on the very day after I open up a letter from the State of California Franchise Tax Board, claiming I owe them upwards of $4,000, something told me I needed to comb my emails to make sure I didn't miss anything pressing. Interesting synchronicity indeed. 

I share this not to try to and convince anyone to stop paying their taxes. I share it to express the importance of doing our homework and knowing our rights. At this time of great transition, it's more than important. It's crucial. As I said on the radio show last night, it is our very consent to the systems that enslave us that voluntarily gives our power away, to be controlled by another. The IRS, the government, the banks, the courts don't take it from us....we give it to them. Well, I don't know about everyone else but I AM DONE giving mine away. "They" can try and come after me all "they" want. I know my rights, well enough anyway, to defend myself against what I KNOW to be True. The burden of proof lies on "them" to prove their power and jurisdiction over me which they DO NOT possess, in any way, shape, or form. When we share this attitude en masse, governments collapse. Revolutions ensue. Let us hold the intention for a peaceful transition. Without violence or bloodshed. How that takes place is up to us, "the people." We must continue to light the way. 

"This world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." - Albert Einstein

A BIG THANK YOU to my anonymous contact who pieced this all together. It's a bit long but absolutely brilliant. It goes to show how far a little research can go in defending our liberties. 

Note: I changed the name to my own to keep my contact anonymous :)

Brian Kelly recently received a Notice of Proposed Assessment. I'm the Administrator of Brian Kelly and hereby protest this proposed assessment. There is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the state. The individual may stand upon his constitutional rights as a citizen. 

Brian Kelly is entitled to carry on his private business in his own way. Brian Kelly's power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. 

Brian Kelly owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. 

Brian Kelly's rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. 

Among Brian Kelly's rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights. The IRS was a privately owned corporation that is now a foreclosed entity that never was a part of congress or the government. 

God created men as executor & beneficiaries over the land, and no entity stands in between man and God. You must provide the following if he is even going to consider payment, let alone assume you have the authority over him.

1. Provide material evidence demonstrating that Brian Kelly created, incurred, agreed or consented to the alleged liability.

2. Provide sworn, verified declaration and identification of law that also verifies that the IRS is not a foreclosed entity (according to UCC Doc # 2012127914 Nov 28 2012, WA DC UCC Doc# 2012114776 Oct 24 2012, DECLARATION AND ORDER: UCC Doc # 2012096074, masquerading as a government entity with a higher authority than the Creator. 

3. Provide for me where it states that the IRS, which is not congress, can tax wages and compensation for personal services, instead of just the gain or profit derived indirectly from them. 
 
4. Provide me the statute that makes him viable to pay taxes. 

 5. Provide evidence that disputes the fact that paying taxes is VOLUNTARY for a non-government employee. I have not seen any facts or been provided any evidence or claims that Brian Kelly is a public officer, employee, or elected official to any alleged government agency. Please provide any such evidence exists. A suggestion would be to produce the payroll records that Brian Kelly was performing the service or acting as a government employee to perform a function of government. I have enclosed Brian Kelly's Oath and Bond of Protector to the ONE PEOPLE which is renewed every eighty days.

6. Provide Material evidence that not one penny of the taxes, previously paid to the IRS, has not been spent on the murder of innocent men, women and children in Syria, Iraq, or anywhere else in the world.

7. Provide Material evidence demonstrating that The INTERNAL REVENUE SERVICE (IRS) has the legal right to demand payment for the taxable income for Brian Kelly for the tax years 2011-2013 including interest and penalty charges.

8. Provide Material evidence that Brian Kelly agreed or consented to the estimation by The INTERNAL REVENUE SERVICE (IRS) of the alleged “amount he owes on this account.”
Please note:

Should any individual pursue any actions on behalf of a foreclosed Bank or “Government”, causing another individual any damage as herein described, they in their individual and unlimited capacity are absolutely liable. Please note invoice enclosed.

Best regards,

Administrator of Brian Kelly
----------------------------------------
Court cases,


1914: Weeks v. U.S., 232 U.S. 383. Established that illegally
obtained evidence may not be used by the court or admitted into
evidence. This case is very useful in refuting the use by the IRS of
income tax returns that were submitted involuntarily (note that these
returns must say "submitted under compulsion in violation of 5th
Amendment rights" or some such thing at the bottom.

1916: Brushaber vs. Union Pacific Railroad, 240 U.S. 1. Established
that the 16th Amendment had no affect on the constitution, and that
income taxes could only be sustained as excise taxes and not as direct
taxes.

"...the proposition and the contentions under [the 16th
Amendment]...would cause one provision of the Constitution to destroy
another; That is, they would result in bringing the provisions of the
Amendment exempting a direct tax from apportionment into
irreconcilable conflict with the general requirement that all direct
taxes be apportioned;

This result, instead of simplifying the situation and making clear the
limitations of the taxing power, which obviously the Amendment must
have intended to accomplish, would create radical and destructive
changes in our constitutional system and multiply confusion.

Moreover in addition the Conclusion reached in the Pollock Case did
not in any degree involve holding that income taxes generically and
necessarily came within the class of direct taxes on property, but on
the contrary recognized the fact that taxation on income was in its
nature an excise entitled to be enforced as such unless and until it
was concluded that to enforce it would amount to accomplishing the
result which the requirement as to apportionment of direct taxation
was adopted to prevent, in which case the duty would arise to
disregard form and consider substance alone and hence subject the tax
to the regulation as to apportionment which otherwise as an excise
would not apply to it.

....the Amendment demonstrates that no such purpose was intended and
on the contrary shows that it was drawn with the object of maintaining
the limitations of the Constitution and harmonizing their operation."

....the [16th] Amendment contains nothing repudiating or challenging
the ruling in the Pollock Case that the word direct had a broader
significance since it embraced also taxes levied directly on personal
property because of its ownership, and therefore the Amendment at
least impliedly makes such wider significance a part of the
Constitution -- a condition which clearly demonstrates that the
purpose was not to change the existing interpretation except to the
extent necessary to accomplish the result intended, that is, the
prevention of the resort to the sources from which a taxed income was
derived in order to cause a direct tax on the income to be a direct
tax on the source itself and thereby to take an income tax out of the
class of excises, duties and imposts and place it in the class of
direct taxes...

Indeed in the light of the history which we have given and of the
decision in the Pollock Case and the ground upon which the ruling in
that case was based, there is no escape from the Conclusion that the
Amendment was drawn for the purpose of doing away for the future with
the principle upon which the Pollock Case was decided, that is, of
determining whether a tax on income was direct not by a consideration
of the burden placed on the taxed income upon which it directly
operated, but by taking into view the burden which resulted on the
property from which the income was derived, since in express terms the
Amendment provides that income taxes, from whatever source the income
may be derived, shall not be subject to the regulation of apportionment.


1922: Bailey v. Drexel Furniture Co., 259 U.S. 20.

Prohibited Congress from legislating or controlling benefits that
employers provide to their employees. A major blow against socialism
in America! "Out of a proper respect for the acts of a co-ordinate
branch of the government, this court has gone far to sustain taxing
acts as such, even though there has been ground for suspecting, from
the weight of the tax, it was intended to destroy its subject. But in
the act before [259 U.S. 20, 38] us the presumption of validity
cannot prevail, because the proof of the contrary is found on the very
face of its provisions. Grant the validity of this law, and all that
Congress would need to do, hereafter, in seeking to take over to its
control any one of the great number of subjects of public interest,
jurisdiction of which the states have never parted with, and which are
reserved to them by the Tenth Amendment, would be to enact a detailed
measure of complete regulation of the subject and enforce it by a
socalled tax upon departures from it. To give such magic to the word
'tax' would be to break down all constitutional limitation of the
powers of Congress and completely wipe out the sovereignty of the
states. "


1930: Lucas v. Earl, 281 U.S. 111.

The Supreme Court ruled that wages and compensation for personal
services were not to be taxed in their entirety, but instead, the gain
or profit derived indirectly from them.


1938: Hassett v. Welch, 303 U.S. 303.

Ruled that disputes over uncertainties in the tax code should be
resolved in favor of the taxpayer. "In view of other settled rules of
statutory construction, which teach that... if doubt exists as to the
construction of a taxing statute, the doubt should be resolved in
favor of the taxpayer..."


1959: Flora v. United, 362 US 145.

Ruled that our tax system is based on voluntary assessment and
payment, not on force or coercion. "Our system of taxation is based
upon voluntary assessment and payment, not upon distraint."


1970: Brady v. U.S., 397 U.S. 742 at 748.

Supreme Court ruled that: "Waivers of Constitutional Rights not only
must be voluntary, they must be knowingly intelligent acts, done with
sufficient awareness of the relevant circumstances and consequences."


1975: Garner v. United States, 424 U.S. 648.

Supreme Court ruled that income taxes constitute the compelled
testimony of a witness: "The information revealed in the preparation
and filing of an income tax return is, for the purposes of Fifth
Amendment analysis, the testimony of a witness."

"Government compels the filing of a return much as it compels, for
example, the appearance of a `witness' before a grand jury."


1978: Central Illinois Public Service Co. v. United States, 435 U.S.
21.

Established that wages and income are NOT equivalent as far as taxes
on income are concerned.

"Decided cases have made the distinction between wages and income and
have refused to equate the two in withholding or similar
controversies.

Peoples Life Ins. Co. v. United States, 179 Ct. Cl. 318, 332, 373
F.2d 924, 932 (1967);

Humble Pipe Line Co. v. United States, 194 Ct. Cl. 944, 950, 442
F.2d 1353, 1356 (1971);

Humble Oil & Refining Co. v. United States, 194 Ct. Cl. 920, 442
F.2d 1362 (1971);

Stubbs, Overbeck & Associates v. United States, 445 F.2d 1142 (CA5
1971);

Royster Co. v. United States, 479 F.2d, at 390; Acacia

Mutual Life Ins. Co. v. United States, 272 F. Supp. 188 (Md. 1967)."


1985: U.S. v. Doe, 465 U.S. 605.

The production of evidence or subpoenaed tax documents cannot be
compelled. "We conclude that the Court of Appeals erred in holding
that the contents of the subpoenaed documents were privileged under
the Fifth Amendment. The act of producing the documents at issue in
this case is privileged and cannot be compelled without a statutory
grant of use immunity pursuant to 18 U.S.C. 6002 and 6003."


1991: Cheek v. United States, 498 U.S. 192.

Held that if the defendant has a subjective good faith belief no
matter how unreasonable, that he or she was not required to file a tax
return, the government cannot establish that the defendant acted
willfully in not filing an income tax return. In other words, that
the defendant shirked a legal duty that he knew existed.


1992: United States v. Burke, 504 U.S. 229, 119 L Ed 2d 34, 112 S
Ct. 1867.

Court held that income that is taxed under the 16th Amendment must
come from a "source". Congress's intent through 61 of the Internal
Revenue Code [26 USCS 61(a)]--which provides that gross income means
all income from whatever source derived, subject to only the
exclusions specifically enumerated elsewhere in the Code...and
61(a)'s statutory precursors..."


1995: U.S. v. Lopez, 000 U.S. U10287.

Establishes strict limits on the constitutional power and jurisdiction
of the federal government inside the 50 States.

"We start with first principles. The Constitution creates a Federal
Government of enumerated powers. See U.S. Const., Art. I, 8. As
James Madison wrote, "[t]he powers delegated by the proposed
Constitution to the federal government are few and defined. Those
which are to remain in the State governments are numerous and
indefinite." The Federalist No. 45, pp. 292-293 (C. Rossiter ed.
1961). This constitutionally mandated division of authority "was
adopted by the Framers to ensure protection of our fundamental
liberties."

Gregory v. Ashcroft, 501 U.S. 452, 458 (1991) (internal quotation
marks omitted). "Just as the separation and independence of the
coordinate branches of the Federal Government serves to prevent the
accumulation of excessive power in any one branch, a healthy balance
of power between the States and the Federal Government will reduce the
risk of tyranny and abuse from either front." Ibid.

The Constitution delegates to Congress the power "[t]o regulate
Commerce with foreign Nations, and among the several States, and with
the Indian Tribes." U.S. Const., Art. I, 8, cl. 3. The Court,
through Chief Justice Marshall, first defined the nature of Congress'
commerce power in Gibbons v. Ogden, 9 Wheat. 1, 189-190 (1824):

"Commerce, undoubtedly, is traffic, but it is something more: it is
intercourse. It describes the commercial intercourse between nations,
and parts of nations, in all its branches, and is regulated by
prescribing rules for carrying on that intercourse."

The commerce power "is the power to regulate; that is, to prescribe
the rule by which commerce is to be governed. This power, like all
others vested in Congress, is complete in itself, may be exercised to
its utmost extent, and acknowledges no limitations, other than are
prescribed in the constitution." Id., at 196. The Gibbons Court,
however, acknowledged that limitations on the commerce power are
inherent in the very language of the Commerce Clause.

"It is not intended to say that these words comprehend that commerce,
which is completely internal, which is carried on between man and man
in a State, or between different parts of the same State, and which
does not extend to or affect other States. Such a power would be
inconvenient, and is certainly unnecessary.

"Comprehensive as the word `among' is, it may very properly be
restricted to that commerce which concerns more States than one. . .
. The enumeration presupposes something not enumerated; and that
something, if we regard the language or the subject of the sentence,
must be the exclusively internal commerce of a State." Id., at
194-195.

For nearly a century thereafter, the Court's Commerce Clause decisions
dealt but rarely with the extent of Congress' power, and almost
entirely with the Commerce Clause as a limit on state legislation that
discriminated against interstate commerce. See, e.g., Veazie v.
Moor, 14 How. 568, 573-575 (1853) (upholding a state-created
steamboat monopoly because it involved regulation of wholly internal
commerce); Kidd v. Pearson, 128 U.S. 1, 17, 20-22 (1888) (upholding
a state prohibition on the manufacture of intoxicating liquor because
the commerce power "does not comprehend the purely domestic commerce
of a State which is carried on between man and man within a State or
between different parts of the same State"); see also L. Tribe,
American Constitutional Law 306 (2d ed. 1988). Under this line of
precedent, the Court held that certain categories of activity such as
"production," "manufacturing," and "mining" were within the province
of state governments, and thus were beyond the power of Congress under
the Commerce Clause. See Wickard v. Filburn, 317 U.S. 111, 121
(1942) (describing development of Commerce Clause jurisprudence).


[.]


Consistent with this structure, we have identified three broad
categories of activity that Congress may regulate under its commerce
power. Perez v. United States, supra, at 150; see also Hodel v.
Virginia Surface Mining & Reclamation Assn., supra, at 276-277.
First, Congress may regulate the use of the channels of interstate
commerce. See, e.g., Darby, 312 U.S., at 114 ; Heart of Atlanta
Motel, supra, at 256. "`[T]he authority of Congress to keep the
channels of interstate commerce free from immoral and injurious uses
has been frequently sustained, and is no longer open to question.'"
[quoting Caminetti v. United States, 242 U.S. 470, 491 (1917)].
Second, Congress is empowered to regulate and protect the
instrumentalities of interstate commerce, or persons or things in
interstate commerce, even though the threat may come only from
intrastate activities. See, e.g., Shreveport Rate Cases, 234 U.S.
342 (1914); Southern R. Co. v. United States, 222 U.S. 20 (1911)
(upholding amendments to Safety Appliance Act as applied to vehicles
used in intrastate commerce); Perez, supra, at 150 ("[F]or example,
the destruction of an aircraft (18 U.S.C. 32), or . . . thefts
from interstate shipments (18 U.S.C. 659)"). Finally, Congress' commerce authority includes the power to regulate those activities
having a substantial relation to interstate commerce, Jones & Laughlin
Steel, 301 U.S., at 37 , i.e., those activities that substantially
affect interstate commerce. Wirtz, supra, at 196, n. 27.


FEDERAL CIRCUIT COURT CASES:

U.S. v. Tweel, 550 F.2d 297, 299-300 (1977)

"Silence can only be equated with fraud when there is a legal or moral
duty to speak, or when an inquiry left unanswered would be
intentionally misleading... We cannot condone this shocking
conduct...If that is the case we hope our message is clear. This sort
of deception will not be tolerated and if this is routine it should be
corrected immediately"

Lavin v. Marsh, 644 F.2nd 1378, 9th Cir., (1981)

"Persons dealing with government are charged with knowing government
statutes and regulations, and they assume the risk that government
agents may exceed their authority and provide misinformation"

Bollow v. Federal Reserve Bank of San Francisco, 650 F.2d 1093, 9th
Cir., (1981)

"All persons in the United States are chargeable with knowledge of the
Statutes-at-Large.. It is well established that anyone who deals with
the government assumes the risk that the agent acting in the
government's behalf has exceeded the bounds of his authority"

Long v. Rasmussen, 281 F. 236, at 238

"The revenue laws are a code or a system in regulation of tax
assessment and collection. They relate to taxpayers, and not to
non-taxpayers. The latter are without their scope. No procedures are
prescribed for non-taxpayers, and no attempt is made to annul any of
their rights and remedies in due course of law. With them Congress
does not assume to deal, and they are neither the subject nor the
object of the revenue laws."

Redfield v. Fisher, 292 P. 813, 135 Or. 180, 294 P.461, 73 A.L.R.
721 (1931)

"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.

U.S. v. Ballard, 535 F2d 400, cert denied, 429 U.S. 918, 50 L.Ed.2d
283, 97 S.Ct. 310 (1976)

"income" is not defined in the Internal Revenue Code

"Congress has taxed INCOME, not compensation." Conner v US 303 F
Supp. 1187 (1969) "There is a clear distinction between `profit' and
wages', or a compensation for labor. Compensation for labor (wages)
cannot be regarded as profit within the meaning of the law. The word
`profit', as ordinarily used, means the gain made upon any business or
investment- - - a different thing altogether from the mere
compensation for labor."

Oliver v Halsted, 86 SE Rep. 2nd 85e9 (1955).". . .reasonable
compensation for labor or services rendered is not profit."
Lauderdale Cemetery Assoc. V Mathews, 345 PA 239; 47 A 2d 277, 280
(1946)

"...we are of the opinion that there is a clear distinction in this
particular between an individual and a corporation, and that the
latter has no right to refuse to submit its books and papers for an
examination at the suit of the state. The individual may stand upon
his constitutional rights as a citizen. He is entitled to carry on
his private business in his own way. His power to contract is
unlimited. He owes no duty to the state or to his neighbors to
divulge his business, or to open his doors to an investigation, so far
as it may tend to criminate him. He owes no such duty to the state,
since he receives nothing therefrom, beyond the protection of his life
and property. His rights are such as existed by the law of the land
long antecedent to the organization of the state, and can only be
taken from him by due process of law, and in accordance with the
Constitution. Among his rights are a refusal to incriminate himself,
and the immunity of himself and his property from arrest or seizure
except under a warrant of the law. He owes nothing to the public so
long as he does not trespass upon their rights.

Upon the other hand, the corporation is a creature of the state. It
is presumed to be incorporated for the benefit of the public. It
receives certain special privileges and franchises, and holds them
subject to the laws of the state and the limitations of its charter.
Its powers are limited by law. It can make no contract not authorized
by its charter. Its rights to [201 U.S. 43, 75] act as a corporation
are only preserved to it so long as it obeys the laws of its creation.
There is a reserved right in the legislature to investigate its
contracts and find out whether it has exceeded its powers. It would
be a strange anomaly to hold that a state, having chartered a
corporation to make use of certain franchises, could not, in the
exercise of its sovereignty, inquire how these franchises had been
employed, and whether they had been abused, and demand the production
of the corporate books and papers for that purpose. The defense
amounts to this: That an officer of a corporation which is charged
with a criminal violation of the statute, may plead the
criminality of such corporation as a refusal to produce its books. To
state this proposition is to answer it. While an individual may
lawfully refuse to answer incriminating questions unless protected by
an immunity statute, it does not follow that a corporation, vested
with special privileges and franchises, may refuse to show its hand
when charged with an abuse of such privileges. "

Wednesday, April 24, 2013

Peaceful Protest -- Top DHS Checkpoint Refusals


Peaceful Protest -- Top DHS Checkpoint Refusals 
April 24, 2013

Empowerment Lesson 101 -- Know Your Rights! Some incredible leaders in this video. ~BK

(Thanks for the pointer KP)